Terms Of Use

LAST MODIFIED: September 19, 2006

IMPORTANT! YOUR ACCESS AND USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY.

These terms and conditions of use (“Terms of Use”) are a legal agreement between you (“you”, “your”) and Porter Airlines Inc. (“Porter”, “we, “us”, “our”) and apply to and govern your access to and use of this web site located at www.flyporter.com (the “Web Site”).

ACCESSING AND USING THE WEB SITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE, YOU MAY NOT USE THE WEB SITE.

PURCHASE OF SERVICES AND SECURE AREAS

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.

USE OF THE WEB SITE

Porter grants you a personal, non-exclusive and non-transferable license to access, read, download and print the information and material (including without limitation, all data (including flight related information and pricing), images, graphics, illustrations, designs, icons, photographs, video clips and written and other materials) which is displayed on the Web Site from time to time (“Site Content”) and, to the extent available to do so, use the Web Site to book flights with Porter online and to access such other related products and services as may be made available through the Web Site from time to time hereafter. You agree that your access to the Web Site and use of any such Site Content is strictly for your personal, private and end-use only. You may not use the Web Site, or any of the Site Content appearing on the Web Site from time to time to further any commercial purpose (other than as may be expressly permitted by these Terms of Use). You agree you will not use the Web Site for any unlawful purposes. Porter reserves the right to cease the operation of the Web Site at any time for any reason and/or to limit, restrict, suspend or terminate your access to and use of Web Site at any time, without notice or cause.

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.

LINKS TO THIRD PARTY SITES

The Web Site may from time to time include links to other web sites or resources, including those operated by parties other than Porter. These links are provided for your convenience and Porter is not responsible for the availability of such web sites or resources and does not endorse or accept responsibility for the content of such external web sites or resources and has no responsibility for or control over the privacy policy (if any) of the operators of the external web sites. Your access and viewing of any third party web sites is conducted at your own risk. You are strongly advised to check the terms and conditions of use and the privacy policies of any such linked web sites before entering or making use of them. If you wish to create a link to the Web Site please contact Porter.

COPYRIGHT

All Site Content is the exclusive property of Porter, its content suppliers or other third parties and is protected by Canadian and international copyright laws. Except as is expressly permitted by these Terms of Use, any use of the Site Content, including reproduction (whether by copying, caching, framing or similar means), modification, distribution, transmission, republication, display or performance, or replication, without the prior written permission of Porter is strictly prohibited.

TRADE-MARKS

“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.

PRIVACY POLICY / PROVISION OF INFORMATION BY YOU

Your use of the Web Site and any communication or material you transmit to Porter or the Web Site through the Web Site or otherwise is also subject to the terms of Porter’s Privacy Policy Porter may from time to time, but is not obligated to, monitor your use of the Web Site and collect, store, use and disclose to others information on the terms and conditions of the Privacy Policy and you hereby consent to such collection, storage, use and disclosure by Porter on the terms specified in the Privacy Policy.

JURISDICTION AND GOVERNING LAW

This Web Site is administered by Porter from its offices in Canada. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada without regard to the conflicts of laws principals thereof. You hereby agree and confirm that your use of the Web Site and all of the communications, transmissions and transactions associated with the Web Site shall be deemed to have occurred in the Province of Ontario, Canada and that you irrevocably agree that the courts of the Province of Ontario, Canada as the proper and most convenient forum concerning the Web Site, shall have exclusive jurisdiction to settle any and all disputes arising out of these Terms of Use and you irrevocably submit and attorn to the jurisdiction of the courts of the Province of Ontario, Canada.

DISCLAIMER

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.

LIMITATION OF LIABILITY

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).

INDEMNIFICATION

You agree to defend, indemnify and hold Porter, its divisions and affiliates and all of their respective directors, officers, employees, agents harmless from and against any and all claims, damages, actions, demands, losses, liabilities, costs and expenses, including reasonable attorney’s fees, alleging or resulting, directly or indirectly, from or related to or in any connection with: your browsing or use the Web Site; any content or information you transmit to Porter through the Web Site or otherwise; your violation of any rights of another person; or your breach of these Terms of Use.

REVISIONS TO TERMS OF USE

Porter reserves the right to modify these Terms of Use at any time by posting amended Terms of Use on the Web Site. It is your responsibility to review these Terms of Use regularly and you are deemed to be aware of such amendments. If you do not agree to the amended Terms of Use, you shall immediately stop accessing and using the Web Site. Your continued use of the Web Site after such amendments have been posted shall constitute your acknowledgement and acceptance of the amended Terms of Use. No supplement, modification or amendment to these Terms of Use proposed by you shall be binding on Porter unless agreed to by Porter in writing.

ENGLISH LANGUAGE

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.

GENERAL

These Terms of Use may be assigned by Porter to any other person in Porter’s discretion. You may not assign these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of the Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All waivers by Porter must be in writing. These Terms of Use together with the Privacy Policy are the entire agreement between Porter and you concerning your access to and use of the Web Site, subject to any other agreements entered into by you and Porter concerning the purchase of products and services on or through this Web Site. These Terms of Use shall continue to be in force (subject to amendment as provided above) unless and until terminated by Porter, which Porter may elect to do in its discretion at any time without notice to you.

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.