| PLEASE READ CAREFULLY
For the purposes of this document, Crewsware Software Inc. and all of its affiliates are referred to as "Crewsware". Air
Canada and all of its affiliates are referred to as "Air Canada"
DISCLAIMER
This web site ("Site") is provided by Crewsware and based on information, in part, provided by Air Canada. Any use or reliance on this Site, the contents of this Site
or the information provided through this Site shall be at your sole risk. Crewsware or it’s affiliates and Air Canada make no representation or warranty of any kind regarding
this Site, the contents of this Site or the information provided through this Site, all of which are provided on an "AS IS" or "AS AVAILABLE" basis. Crewsware
and Air Canada expressly disclaim all representations, warranties, conditions and endorsements as to the operation of this Site, the contents of this Site or the information provided
through this Site. Without limiting the generality of the foregoing, Crewsware and Air Canada make no warranty as to the accuracy, quality or completeness of the contents of this
Site or information provided neither through this Site, nor to the merchantability or fitness for a particular purpose, or to title or non-infringement, or to the absence of any software
virus or harmful component. Crewsware does not warrant that this Site or the delivery, hosting and ancillary services or facilities of third party suppliers used by Crewsware
will continue to operate, will operate without interruption or will be error free.
LIMITATION OF LIABILITY
In no circumstances shall Crewsware and Air Canada, their officers and employees be responsible or liable for any loss or damages whatsoever, including (without limiting the
generality of the foregoing) any direct, indirect, incidental, special, punitive or consequential damages arising from or in connection with your use of, access to, or
your reliance on, or your inability to use or access, this Site, any contents of this Site, any information provided through this Site, any external links on this Site,
any web site link to this Site, or any contents thereof, any web site linking to this Site, or any contents thereof or any delivery, hosting and ancillary services or facilities
of third party suppliers utilized by Crewsware.
Crewsware is not responsible and assumes no liability for third party contents of this Site or third party information
provided through this Site.
WHO'S IN TOWN
The "Who’s in town" feature of the Crewsware web site is designed as a social gathering feature that provides you with information on crew layover information
and requires information as provided by Air Canada to ensure the quality of the Site. Your personal layover information will be limited to your name, arriving flight
details, crew position, hotel duration and hotel name. Other non-personal hotel information may be added to enhance the "Who’s in town" feature at any
time.
Before accepting this EULA you must chose either to Opt In or Opt Out of the Who's in Town feature. If you Opt In
now, you may contact Crewsware at any time at support@crewsware.com to Opt Out. Your
layover information will no longer be included and you will not have access to the “Who’s in town” feature of the Crewsware web site
TERMS AND CONDITIONS
This End User License Agreement contains the terms and conditions for its use ("Terms"). By installing or using any Crewsware services or products or providing any
information to Crewsware you indicate that you agree to the Terms contained in this agreement. Do not install or use any Crewsware Services or products until you have carefully
read this User Agreement and Privacy Statement.
This User Agreement is a legally binding agreement between you and any third party to whom you provide or allow access
to Crewsware or who otherwise benefits from your use of the Services (all material and content provided inside the user login section) (collectively sometimes referred to
herein as "you" or "your"). You agree to print a copy of this User Agreement for your files, along with copies of any changes in Terms posted to the
Site in the future. If you do not agree to the Terms, do not install or use these Services. Crewsware may amend the Terms from time to time without notice to you, other
than posting the amended Terms to the Site. In addition, use of particular Services may be subject to additional terms and conditions that will be available in connection
with such Services. Unless otherwise agreed to in writing between you and Crewsware, the Terms, as amended, shall govern your use of the Site and all Services.
Registration; Passwords and Security
In order to use any of the Services, Crewsware requires you to register. In registering, you agree to: (1) provide true, accurate, current and complete information as prompted
by the applicable registration form and (2) maintain and promptly update the information. If you provide any information that is untrue, inaccurate, not current or incomplete,
or Crewsware has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Crewsware has the right to refuse any and all current
or future use of the Services (or any portion thereof).
During the registration process, you will designate a password. You are responsible for maintaining the confidentiality
of the employee number and password, and are responsible for all activities that occur under your employee number and password, whether or not authorized by you. Crewsware
will not be liable for any loss or damage arising from your failure to comply with all Terms contained in this User Agreement.
Notices to you may be made via email or regular mail. The Services may also provide notices of changes to the Terms or
other matters by displaying notices or links to notices to you on the Services. You are responsible for keeping Crewsware apprised promptly of any change in your email address,
mailing address and/or phone number so that you can be provided with any notices that Crewsware wishes to send to you.
Passwords and Security
You shall at all times maintain the confidentiality of your user names and passwords. If there is a breach of security through your account, you must immediately change your
password and also notify us at support@crewsware.com. You will be liable for any unauthorized use of the Services until you notify us of the security breach. All logins
are monitored and any subsequent breaches may result in your temporary or permanent suspension solely at our discretion with little or no warning given.
Privacy
Crewsware is committed to protecting your privacy and we will never disclose your personal information to anyone outside of Crewsware. For more information on Crewsware's
Privacy Policy, please see Crewsware's Privacy Policy link at the bottom of this page.
International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Use of this Web site constitutes your
acceptance of all of the following Terms and Conditions set herein.
We can remove any messages or solicitations that do not meet the standards of these Terms and Conditions. Crewsware reserves the right to immediately terminate a user's registration
if we become aware and determine that the user is violating any of these Terms and Conditions or any of the chat and discussion board guidelines as enumerated herein.
User Conduct
You agree to comply with all applicable laws, statutes, ordinances and regulations related to use of the Site and Software. You may not use our Software or Site to engage
in any fraudulent activity or other illegal activity, or to infringe the intellectual property rights of others. Any breach will result in immediate and permanent suspension.
You agree that you will not use any device, hardware, software, code, process or routine to interfere or attempt to interfere
with the proper working of the Site or Software. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure
or limits our ability to provide the Services. You agree that you will not collect, copy, reproduce, alter, modify or publicly display any content or information (except
for Your Content) from the Site or Software without the prior expressed written permission of Crewsware or the appropriate third party.
Threatening harassing, libellous, defamatory, vulgar, profane, obscene, abusive, harmful, sexually oriented, racially offensive, inaccurate, or otherwise objectionable material
of any kind or nature is prohibited.
Unlawful material, or any material that encourages or promotes conduct that constitutes a criminal offence, or might give
rise to civil liability or otherwise violate any applicable local, Provincial, Federal or International law or regulation, or encourage the use of controlled substances,
is prohibited. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: CREWSWARE MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR EXPECTATIONS,
(2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (3) ANY ERRORS IN THE SERVICES WILL BE CORRECTED, OR (4) THAT THE SERVICES OR SOFTWARE ARE SECURE,
FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Title to Web site and Software
Licensor retains title, copyright to and ownership of the Web site and Software and all enhancements, modifications and updates of the Web site and Software.
Modifications and Enhancements
Licensee (subscriber) will make no efforts to reverse engineer the Web site and Software, or make any modifications or enhancements without Licensor's express written consent.
Intellectual Property Protection
Crewsware is the exclusive proprietor of the material in the Crewsware Database and of all the copyrights and proprietary interest therein, except in so far as any third party
(whose materials are made available in the Crewsware Database) who possesses a copyright in such materials. User will not by virtue of this Agreement or the use of the
Crewsware Database acquire any copyright or proprietary interests in the material in the Crewsware Database.
Display of Information
Other than Your Content, all content included or available on the Site, such as advertisements, text, graphics, logos, button icons, images, audio clips and software, is the
property of Crewsware and/or third parties and is protected by copyrights, trademarks or other intellectual and proprietary rights. The compilation (meaning the collection,
arrangement and assembly) of all content on the Site is the exclusive property of Crewsware and/or its licensors, suppliers and distributors and is protected by copyrights
or other intellectual and proprietary rights. All software used on the Site is the property of Crewsware and/or its software suppliers or distributors and is protected by copyrights,
patents or other intellectual and proprietary rights.
Cookies
Crewsware collects the domain names of the visitors to our sites. This information includes the number of visits, time spent, pages viewed, etc. Our Web site pages may use
"cookies" (data that a web site can send to your browser), which in turn are stored on your computer or computer system.
Links
The Services may provide links to other World Wide Web sites or resources. Crewsware has no control over or responsibility for such sites and resources. You agree that Crewsware
is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, terms
and conditions, or other materials on or available from such sites or resources. However, we encourage you to read any applicable terms and conditions or privacy policies at
such sites. Crewsware provides these links to you only as a convenience.
Endorsements
You acknowledge that the opinions and recommendations contained in this Web site are not necessarily those of Crewsware or endorsed by Crewsware.
Changes to the User Agreement
As Crewsware business changes from time to time, this User Agreement is expected to change. Crewsware reserves the right to amend the User Agreement at any time, for any reason,
without notice to you, other than the posting of the amended User Agreement at this Site. Crewsware may email periodic reminders of its notices and Terms, but you should check
the Site frequently to see the current User Agreement in effect and any changes that may have been made to it. Your installation or use of Crewsware products or Services is
subject to the User Agreement and Privacy Statement in effect at the most recent time of use. The provisions contained herein supersede all previous notices or statements regarding
the Terms or use of Crewsware's products and Service.
We may amend this Agreement at any time by posting the amended terms and conditions on the Site. Unless otherwise indicated, all amended terms shall automatically be effective
fourteen (14) days after they are initially posted on the Site, and your continued use of our Services indicates your acceptance of the amended terms. You are responsible for
reviewing and becoming familiar with any changes. This agreement was last revised on July 1, 2010.
Crewsware, in its sole discretion, may add, delete, or modify some or all of the features of the Site or Services at any time with little or no notice being given to you.
Referral System
Crewsware Referral system is designed to expand our client base using the contact information provided by other users. Crewsware reserves the right to collect contact information independent of the Crewsware Referral system. Such information collected by Crewsware will be considered Crewsware’s property and used to promote produces and services for Crewsware’s day to day operations. By accepting this End User licence Agreement, you accept all terms, rules and notes located here and in the Crewsware Referral system or web pages. Crewsware reserves the right to change any aspect of the Referral system at any time, including complete cancellation without notice to you. You are required to read and understand the rules and notes provided in the Crewsware Referral system pages. Earned commission is not transferable to any other user or non user of Crewsware at any time. Upon retirement, or any termination of employment, all commissions will be cancelled immediately. If requested cash out amount exceeds two thousand dollars ($2,000.00), Crewsware reserves the right to delay payment or pay in instalments until sufficient cash flow allows full payment to be made. All schedule transfers, once complete are considered final. If a disagreement occurs between a referral user and Crewsware, Crewsware will always have the final authority.
Bidding Tools
Crewsware is not liable for any errors in bidding that result in you not getting your intended award or any or all pairings. By using any Crewsware bidding tool that assists you in constructing your bid submission, you and only you are responsible for the final award results.
Must compare with PBS
YOU ACKNOWLEDGE THAT THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" FOR GENERAL INFORMATION ONLY AND THE SUBSCRIBER AGREES TO MAKE A COMPARISON TO THE PUBLISHED PBS DATA
AND ACKNOWLEDGES THAT THE PUBLISHED PBS DATA IS THE COMPANY ACCEPTED SCHEDULE.
Free Month Policy
If you are awarded or given a "free" schedule, the "free" schedule will have no cash value of any kind. The "free" schedule will be used or counted at
the end of the user's current subscription. Upon account cancellation, Crewsware retains the right to cancel, remove or eliminate any "free" schedule that the user has been
awarded or given.
Free Trial Policy
Only those users who have not been a paid up client or a previous trial user in the past 365 days will be eligible to be a free trial user.
Display of Schedule Information
Acceptance of this EULA allows Crewsware to display all aspects of your schedule to other crew members except otherwise stated in this document.
Supervisory, Check Pilot or Manager Flying
Pilots operating in a supervisory, check pilot or manager position, either temporary or full time will be billed on the month they are assigned a block regardless of whether they
fly the block or portion of a block or not. On any month in which they are considered "NoB" or no block, these months will not be billed.
Definition of a Schedule Month
A schedule month will run from the day pairing release to the next issuance of the following months' pairing release by the host airline. Typically
this could be the 14th of any month to the 14th of the next month.
Termination
Crewsware, in its sole discretion, may terminate your use of the Services for any reason without prior notice to you. You acknowledge and agree that Crewsware may immediately
deactivate or delete your user account and all related information and files in your user account and/or bar your further access to the Services Crewsware will not be liable
to you or any third party for any termination of your access to the Site and/or use of the Services.
Suspension and Termination
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to the Site and Software if you breach
any of the terms of this Agreement or if you take any actions that, in our sole judgment, may cause legal liability for or claims against you, our users, or us. In the event
Crewsware suspends or terminates your access to the Site or Software, you acknowledge that you may be denied any further access to Your Content.
Cancellation
There are no refunds after 30 days. All refunds must fill in a Crewsware questionnaire before the refund will be processed. All "FREE", "Trial" or "Contest" months
have no monetary value. All outstanding referral commissions will be cancelled and not payable. For eligible refunds, there is a minimum $20.00 handling fee and all "free" schedules
are withdrawn without any credit. For transfer of remaining schedules upon retirement, there is four (4) schedule handing fee to process the request.
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