NFlyers.com - Website conditions of use
This User Agreement ("Agreement" or "User Agreement") is a contract between you and Nflyers® and applies to your use of the Nflyers® services and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully. We encourage you to print the Agreement or copy it to your computer's hard drive for your reference. In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Nflyers®" refers collectively to Nflyers®, LLC and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
1 - END USERS:By clicking "I Agree", "I Accept"; or by submitting information through the Service or using the Service in any way you agree to the terms and conditions of this Agreement and any documents incorporated by reference. You further agree that this User Agreement forms a legally binding contract between you and Nflyers® and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by Nflyers®. This Agreement is subject to change by Nflyers® without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Nflyers® website. Descriptions of material amendments to this Agreement will be posted in advance on the Nflyers® website.
2 - DISCLAIMER:The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, Nflyers® disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and by visiting this web site you agreed that Nflyers® shall be held harmless from all liability and responsibility for any and all errors or omissions in the information provided on this site. To the fullest extent permitted by law, Nflyers® disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Nflyers® site and the service. To the fullest extent permitted by law, Nflyers® disclaims any warranties for other services or goods received through or advertised on the Nflyers® site or the sites or service, or accessed through any links on the Nflyers® site. Nflyers® shall not be required or obligated to honor any price if said price is incorrect or inaccurate, regardless of whether the information was entered by either Nflyers® or the person from whom such Content originated.
3 - ELECTRONIC COMMUNICATIONS:You consent to receive communications from Nflyers® electronically. Nflyers® will communicate with you by e-mail transmission or by posting to this site. You agree that all communications that Nflyers® provide to you electronically satisfy any legal requirement that such communications be in writing.
4 - Nflyers®' ROLE:Nflyers® does not own aircraft or provide air travel. Nflyers® does not endorse or recommend the products of any particular content provider. Nflyers® is not an agent of either you or any content provider. Nflyers® is only providing an administrative service to you and participating content providers Nflyers® assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the Service. The content providers posting Content on Nflyers® are solely responsible for their services to you. You agree that Nflyers® shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the Nflyers® site, or the services offered by content providers. Nflyers® reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any content provider or other user from the Nflyers® site. When a content provider posts information, Nflyers® uses commercially reasonable efforts to confirm the ownership and registration of the aircraft. However, you should confirm credentials yourself if you choose to contact the content provider.
5 - FREE CLASSIFIEDS:Each party posting Content to the Service is responsible for said Content and compliance with the terms of this Agreement. Content of the classified is moderated and can removed from the Service for any reason at any time.
6 - POSTING RULES:You agree that in using the Service or the Nflyers® site, you will not to post, email, or otherwise make available by or through the Service Content that is: unlawful; harmful; threatening; abusive; harassing; defamatory; libelous; invasive of another's privacy; infringing on another's intellectual property rights; harmful to minors in any way; pornographic or depicts a human being engaged in or suggesting they be engaged in any kind of sexual act or conduct; harassing; degrading; intimidating; hateful toward an individual or group of individuals on the basis of race, religion, gender, sexual orientation, ethnicity, age, or disability; violative of any statute, regulation, ordinance or court ruling (including, but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability); that unlawfully impersonates any person or entity, including, but not limited to, an Nflyers® officer, employee, agent or user or that falsely states or otherwise misrepresents your affiliation with a person or entity; that includes personal or identifying information about another person without that person’s explicit concern; that is false, deceptive, misleading, deceitful, mis-informative, or constitutes “bait and switch”; that you do not have a right to make; that constitutes or contains “affiliate marketing”, “link referral code,” “junk mail,” “spam”, “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; that constitutes or contains any form of advertising or solicitation if posted in areas of the Nflyers® sites which are not designated for such purposes or email to Nflyers® users who have not consented in writing to being contacted about other services, products or commercial interests; that includes links to commercial services or web sites except as allowed in the Agreement; that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; that contains software viruses, malware, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialog with an excessive amount of Content ("flooding attack") to the Service or that otherwise negatively affects other users' ability to use the Service; or that employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
7 - IMAGES, LOGOS, TRADEMARKS & COPYRIGHT:The images, logos, copy and trademarks contained in this site, including but not limited to the text, images, audio or video, may not be used in any manner, or for any purpose, without Nflyers®'s express written permission, are believed to be in the public domain or used with permission of the respective trademark or copyright holder. The information and images on this site may not in any way be used in any manner, or for any purpose, without the express written permission, of Nflyers® or the official holder of the copyright or trademark. Nflyers® is not responsible for the specific content and/or images contained on this site.
8 - ACCEPTANCE OF ORDERS:The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Nflyers® reserves the right, without prior notification, to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. By placing a credit card order, the customer grants the Nflyers® permission to contact their bank to verify name and address.
9 - USE OF INFORMATION:Nflyers® may use the information in the application to determine, in Nflyers® sole discretion, whether to confirm your participation in the Service. You agree that Nflyers® may disclose the application information to its third-party provider(s) who assist in background checks, license confirmations, or other processes involved in the review of applications. Nflyers may require a Social Security number or a proof of identity as part of the application. Nflyers® and its third- party provider(s) will only use that Social Security number or proof of identity for purposes of confirming your identity. Nflyers® uses encryption technology when collecting and storing your Social Security number or proof of identity, and limits access to personnel who have a need to use the number for purposes of your Service application. You warrant that all information provided in the application to Nflyers® is true and complete.
10 - THE SERVICE: Nflyers® is an online meeting place for plane owners, pilots, and aviation enthusiasts. Participants and members can interact on Nflyers® websites.
10.1 Plane sharing
Members can post plane rides on Nflyers® to find flight buddies. Nflyers® is a platform where information about plane rides is exchanged. Nflyers® does not warrant that the information provided in the posts are accurate or true. All transactions are done outside the scope and responsibility of Nflyers®.
Members can post information about products or services they want to sell using the Nflyers® classified pages. Nflyers® is in no way responsible for the accuracy, and the quality of the posts. All transaction are done outside the scope and responsibility of Nflyers®.
11 - THE ROLE OF Nflyers®:Nflyers® has and does not confirm any information in any request form or any information about an end user submitting a request. Nflyers® does not endorse or recommend any end user or the products of any particular content provider. Nflyers® does not guarantee information provided by end user and Nflyers® is not an agent of either you or any end user. Nflyers® is only providing an administrative service to you and the end users. Nflyers® assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the Service and any other information or other material on the Service.
12 - INTERRUPTION OR DISCONTINUANCE:Nflyers® may interrupt your participation in the Service or discontinue the Service at any time.
13 - CHANGES:Nflyers® reserves the right to change this Agreement and each content provider is responsible for regularly reviewing this Agreement. Your continued use of the Service after the effective date of such changes will constitute acceptance of and agreement to any such changes. If you do not agree with the updated Agreement, you should discontinue use of the Service.
14 - INTELLECTUAL PROPERTY:The Service is the property of Nflyers®, and subject to the intellectual property rights of Nflyers® and its licensors. © 2009 Nflyers®. All rights reserved.
15 - INDEMNITY:You agree to indemnify and hold Nflyers®, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
16 - NO WARRANTY:Nflyers® PROVIDES THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Nflyers® AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Nflyers® AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
17 - LIMITATION OF LIABILITY:IN NO EVENT SHALL Nflyers® BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (EVEN IF Nflyers® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Nflyers® SITE OR THE SERVICE OR ANY LINKS ON THE Nflyers® SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Nflyers® SITE OR THE SERVICE OR ANY LINKS ON THE Nflyers® SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
18 - APPLICABLE LAWS:This Agreement will be governed by and construed in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of laws. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in State of Delaware for any and all disputes, claims and actions arising from or in connection with this Agreement. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
If you choose to access this Site from outside of the United States of America, you do so on your own initiative and are responsible for compliance with applicable local laws. This Agreement will be governed by and construed in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of laws.