LAST MODIFIED: September 19, 2006
Your purchase of products and services and your access to certain features and programs made (such as a frequent flyer program) available through the Web Site may be subject to certain additional terms and conditions and may require that you expressly agree to such additional terms and conditions as are applicable to the provision of such access and the purchase of products and services, including Porter’s general conditions of carriage and Porter’s reservation and booking terms relating to travel with Porter.
In connection with your access to certain of such other features and the purchase of products and services, you may require a password in order for you to gain access and use. It is your responsibility to keep your password private so that it cannot be used by others. Porter will not be liable for any damages, losses or expenses suffered by you or any third party as a result of any unauthorized person gaining access to your password.
You may not use any spider, robot or other automated or electronic agent to monitor or copy web pages or any Site Content from the Web Site or for any other purpose in connection with your access to and use of the Web Site. You agree not to take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Web Site or to shut down, overload or overwhelm the Web Site. You agree not to obtain or attempt to obtain unauthorized access to any secure part of the Web Site or data available on or through the Web Site to which you are not expressly authorized to access or obtain.
“Flying Refined” is the trade-mark of Porter, and all other product, brand and company names and logos and trade-marks displayed on the Web Site or used in connection with the products and services displayed or referred to on the Web Site are the trade-marks of Porter or its suppliers or third party licensors. Any use of any of such names, logos or marks appearing on the Web Site without the express written consent of Porter or the owner of the trade-mark, as applicable, is strictly prohibited.
Porter provides the Web Site and Site Content on an “as is” and “as available” basis and without any representations or warranties of any kind or nature whatsoever, express or implied. The use of the Web Site is at your own risk. While Porter makes reasonable efforts to ensure that the Site Content contained on the Web Site is accurate and up-to-date, Porter does not and cannot guarantee that Site Content (including, without limitation, fare information, flight schedules, promotional information or travel restrictions) is accurate or complete or current at all times. All Site Content on any of the Web Site is subject to change or removal at any time without notice.
Porter cannot and does not guarantee or warrant that the Web Site or any Site Content is compatible with your systems or will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems.
Although the Web Site may be accessible world wide, the products or services discussed or referenced on the Web Site may only be made available or applicable to certain geographic locations or where they may be legally offered for sale.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PORTER SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, CONCERNING THE ACCESS TO, OPERATION OF AND CONTENT PROVIDED ON THE WEB SITE INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PORTER MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THE WEB SITE OR THE SITE CONTENT PROVIDED ON, OR ACCESSIBLE FROM, THE WEB SITE. PORTER DOES NOT WARRANT THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS CAN OR WILL BE CORRECTED. PORTER IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN, OR THE SECURITY OF INFORMATION VIA, TRANSMISSIONS OVER THE INTERNET.
IN NO EVENT WILL PORTER OR ANY OF ITS DIVISIONS OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, LOSS OF PROFITS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEB SITE OR THE USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION CONTAINED ON THE WEB SITE, WHETHER OR NOT PORTER OR ANY OF ITS DIVISIONS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE TO USE THE WEB SITE. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FORGOING, IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION HAS FOUND PORTER LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEB SITE, THEN THE TOTAL AGGREGATE LIABILITY OF PORTER TO YOU SHALL NOT EXCEED TEN DOLLARS ($10.00).
English shall be the language of the Web Site, and all contents, information and communication in connection with the Web Site, and the parties waive any right to use and rely upon any other language or translations. Il est la volonté express des parties que le présent site internet et tous les documents, informations et communications qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.