Terms

DISCLAIMER:

The contents provided on this website are for general information and educational purposes only. Your use of any of these contents is at your own risk, and you should not use any of these contents without first seeking legal and other professional advice. The provision of these contents do not constitute legal, medical advice or opinions of any kind, or any advertising or solicitation. No lawyer-client, doctor, advisory, fiduciary or other relationship is created between THE FEAR OF FLYING and any person accessing or otherwise using any of the contents. THE FEAR OF FLYING and its affiliates (and any of their respective directors, officers, agents, contractors, interns, suppliers and employees) will not be liable for any damages, losses or causes of action of any nature arising from any use of any of the sample documents or the provision of these contents.

Last updated: December 12, 2014

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the WWW.THEFEAROFFLYING.COM website (the “Service”) operated by THE FEAR OF FLYING (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Limited License

Subject to your compliance with the Terms, we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license to (i) access and use the Services, and (ii) use the THE FEAR OF FLYING Content (defined below) solely as permitted under these Terms (the “Limited License”). We may suspend or terminate the Limited License in our sole discretion at any time. Without limiting the generality of the foregoing, we may suspend or terminate the Limited License if you: (i) breach any obligation in these Terms or in any other agreement between you and us or (ii) violate any policy or guideline applicable to the Services. Any users who have previously had their Services accounts suspended or terminated by us are prohibited from creating more Services accounts without explicit written consent from us. We may, in our sole discretion, refuse, terminate, or limit access to the Services to any person or entity.?

Content You Provide or Transmit. The Services may allow you to create, transmit, and store content, including but not limited to photos, text, and graphics (collectively, “User Content”). By creating, transmitting or storing User Content in connection with your use of the Services, you represent and warrant that: (i) you own and control all rights to the User Content you create, transmit, store or otherwise make available, or you have the lawful right to create, transmit, store or otherwise make available the User Content; (ii) such User Content is accurate and not misleading; and (iii) your User Content does not: (a) violate the Terms or (b) violate the rights of, or cause any injury to, any person or entity. You understand that your User Content may be viewable by others. You retain all ownership rights to your User Content, and you agree that you are solely responsible for your User Content and that we are not responsible or liable for any User Content. Subject to our Privacy Policy, you grant us and our affiliates a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive your User Content.

While we are not obligated to monitor your use of the Service or to review, screen, or delete your User Content, we have the right to do so in our sole discretion. By way of example and not limitation, we reserve the right to remove all or a portion of any User Content to comply with applicable laws or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any User Content in our sole discretion.

You understand that, by using the Services, you may be exposed to User Content that might be offensive, harmful, inaccurate, or otherwise inappropriate.

We may modify or adapt your User Content in order to transmit or display it over computer networks and in various devices, due to requirements or limitations of any networks, devices, services, or media.

We may allow you to link various social networking, email, or other online accounts to your Services account. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf, to make certain information or services available to you through the Services. By linking your other accounts, you authorize us to access your information from those third party accounts, on your behalf as your agent, and permit us to access, use, and, in some cases, store that account information.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further
    reproduction, publication or distribution.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Except in furtherance of requesting or performing a Project, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by THE FEAR OF FLYING.

THE FEAR OF FLYING
has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that THE FEAR OF FLYING shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Passwords and Security

After creating a Services account, you are solely responsible for any activity that occurs from your account. You are solely responsible for maintaining the confidentiality of your password, and you agree that you will not share your password with others or do anything that might jeopardize the security of your account.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website, as set forth below.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

The Company may terminate or suspend your right to use the Website at any time for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. In the case of termination, you must cease all use of the Website, and we may affirmatively revoke your access to the Website. In no way limiting the foregoing, the Company may terminate or suspend your right to use the Website if you breach any term of these Terms of Use or any policy of the Company posted through the Website from time to time, or if the Company otherwise finds that you have engaged in inappropriate and/or offensive behavior. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Our failure to insist upon or enforce your strict compliance with these Terms of Use will not constitute a waiver of any of our rights. Even after your right to use the Website is terminated or suspended, these Terms of Use will remain enforceable against you.

You may terminate these Terms of Use at any time by ceasing all use of the Website.

You agree that we shall not be liable for any termination of your access to the Website. All sections which by their nature should survive the expirationor termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Modifications to the Services

We reserve the right to temporarily or permanently modify or discontinue any portion of the Services without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuation of the Services or any part thereof. We also retain the right to create limits on the use of and storage capacity of the Services at our sole discretion, at any time, without prior notice.

Disclaimers; Limitations of Liability; Disputes

A. The Services are available “AS-IS”. THE SERVICES AND THE FEAR OF FLYING CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FEAR OF FLYING MAKES NO WARRANTY THAT THE SERVICES WILL ALWAYS BE SECURE, FREE OF ERRORS, OR WILL MEET THE USER’S REQUIREMENTS OF FEATURES, AVAILABILITY, DELAYS, OR DISRUPTIONS.

B. Indemnity. You agree to indemnify and hold THE FEAR OF FLYING, our officers, directors, shareholders, employees, agents, and affiliates (the “THE FEAR OF FLYING Parties”) from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your use of the Services, the use of the Services by any person using your account, your violation of these Terms, or your violation of the rights of another.?

C. Limitation of Liability. Except where prohibited by law, in no event shall THE FEAR OF FLYING or the THE FEAR OF FLYING Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services, or any materials available therein; or (c) the conduct of other users of the Services, even if THE FEAR OF FLYING has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against THE FEAR OF FLYING WITH RESPECT TO THE SERVICES or any content is to stop using the Services. If, notwithstanding the Terms, THE FEAR OF FLYING is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any THE FEAR OF FLYING content, THE FEAR OF FLYING’s liability shall in no event exceed $100. Some jurisdictions do not allow limitations on liability, so the foregoing limitation may not apply to you.

D. Arbitration. PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE FEAR OF FLYING AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You and THE FEAR OF FLYING agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and THE FEAR OF FLYING are not required to arbitrate any dispute in which either party seeks equitable and other relief to the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and THE FEAR OF FLYING agree (a) that any arbitration will occur in UNITED STATES (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the UNITED STATES or federal courts of UNITED STATES have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND THE FEAR OF FLYING WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.

E. Disputes with Other Users. You are solely responsible for your interactions with other THEFEAROFFLYING.COM users. We reserve the right, but have no obligation, to monitor disputes between you and other users, regardless of whether THEFEAROFFLYING.COM collected any money on behalf of a Host or provider of Third-Party Services.

F. Forum and Venue. A lawsuit, if any, by you or THE FEAR OF FLYING against the other will occur in state or federal court in UNITED STATES. You and THE FEAR OF FLYING agree that the jurisdiction and venue of these courts is exclusive.

G. Applicable Law. Any dispute between you and THE FEAR OF FLYING will be governed by these Terms and the laws of the UNITED STATES law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Internet Problems

Our Service and Software may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. We are not responsible for such delays, failures, or other damages that result from such problems

General Terms

A. Waiver and Severability. The failure of THE FEAR OF FLYING to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

B. Complete Agreement. These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and THE FEAR OF FLYING, however if you are a Driver and have agreed to a separate agreement with THE FEAR OF FLYING (via a click-wrap consent or written agreement), such separate agreement shall be incorporated herein by reference, and to the extent such separate agreement conflicts with this agreement the separate agreement shall apply.

C. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and/or Application by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable for, the content or accuracy of any materials provided by any third parties.

Changes to the Terms of Use

We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms of Use (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information through the THE FEAR OF FLYING Platform at any time, effective with or without prior notice and without any liability to us. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must terminate, and immediately stop using, the Service. Your continued use of the THE FEAR OF FLYING Platform following any revision to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes. We may change, modify, suspend, or discontinue any aspect of the Service at any time without notice or liability. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

Information About You and Your Visits

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND THE PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

Copyright Complaints

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to THE FEAR OF FLYING‘s designated agent. Notification should include:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material you claim is infringing is located on the Site;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly
    authorized to act on the copyright owner’s behalf.

THE FEAR OF FLYING
‘s agent for notification of claimed copyright infringement can be contacted here.

Contacting Us

If you have questions regarding the Agreement or the practices of Prosper, please contact us at our website.