Posted Monday, March 10, 2003
"freekfly.com" is the interactive on-line service operated on the world wide web of the internet, consisting of information services and content provided by freekfly.com, affiliates of freekfly.com and other third parties. "The user" means each person who establishes or accesses a connection to use freekfly.com.
The user expressly agrees that use of freekfly.com is at the user's sole risk. Neither freekfly.com, it's affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that freekfly.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of freekfly.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through freekfly.com.
freekfly.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The user specifically acknowledges that freekfly.com is not liable for the defamatory, offensive or illegal conduct of users or third-parties and that the risk of injury from the foregoing rests entirely with the user.
In no event will freekfly.com, or any person or entity involved in creating, producing or distributing freekfly.com or the freekfly.com software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use freekfly.com. The user hereby acknowledges that the provisions of this section shall apply to all content on freekfly.com.
In addition to the terms set forth above neither, freekfly.com, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within freekfly.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. freekfly.com, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, freekfly.com, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
freekfly.com reserves the right to refuse service, or parts of the service, or access to the freekfly.com servers, to anyone for any reason. We enforce this policy to ensure a professional environment for the users of the site. We reserve the right to remove any content or cancel any membership without prior notice and without providing a reason.
By publishing or submitting any content including, articles, stories, postings and photographs to any part of freekfly.com you give permission that such content may be used at the sole discretion of freekfly.com anywhere else on the site, for any purpose, in its original or edited form, at any time in the future. Content will not be sold without permission of the original author or owner.
Legal Information and Notices:
This site is provided by freekfly.com on an "as is" basis. freekfly.com makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials, or products included on this site. freekfly.com to the full extent permissible by applicable law, disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. freekfly.com will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive, and consequential damages.
All content on this site, including text, graphics, logos, icons, images, designs, audio clips, video clips, photographs, and software, is the property of freekfly.com or its content suppliers and is protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of freekfly.com and is protected by international copyright laws. All software used on this site is the property freekfly.com or its software suppliers and protected by international copyright laws. The content and software on this site may be used as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Limitation on Use of Site and Content
The content available at this Site is not available for use, and should not be used, by residents of countries, states, or other localities in which freekfly.com is not licensed as may be required by applicable national, state or local laws or regulations, or in which such use is otherwise restricted or prohibited.
Use of Site
When using the Site, you may not:
(1) upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content that (a) is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (c) you know or, with the exercise of reasonable effort, should know to be false, misleading, or otherwise unreliable; or (d) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
(2) encourage or engage in illegal activity;
(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(4) upload, post, e-mail or otherwise transmit any (a) material that contains software viruses, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(5) interfere with or disrupt, or attempt to interfere with or disrupt, the content or servers or networks connected to the Site;
(7) engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the content or the Site;
(8) use any robot, bot, spider, other automatic device, or manual process to monitor or copy the Site or any content contained thereon without our prior expressed written permission; or
(9) use any software, device, routine, or manual process to interfere or attempt to interfere with the proper functioning of the Site or the content.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT (A) FREEKFLY.COM AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING CONTENT SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR INTERPRET THE SITE, CONTENT, SOFTWARE OR SERVICES, OR ANY OTHER SITE, CONTENT OR SOFTWARE, SERVICES YOU ACCESS THROUGH A LINK FROM THE SITE, CONTENT SOFTWARE, OR SERVICES, OR FROM ANY ACTIONS FREEKFLY.COM MAY TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC OR OTHER MESSAGES YOU SEND US. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
BECAUSE YOU ARE ALLOWED TO USE THE SITE, CONTENT, SOFTWARE, AND SERVICES WITHOUT CHARGE (A) FREEKFLY.COM, AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, CONTENT, SOFTWARE OR SERVICES SHALL HAVE NO LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER. YOU RELEASE (A) FREEKFLY.COM AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, CONTENT, SOFTWARE, AND SERVICES FROM CLAIMS, DEMANDS AND DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND ANY OTHER DAMAGES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, CONTENT, SOFTWARE, AND SERVICES.
IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, IN THE UNITED STATES, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCE WILL FREEKFLY.COM OR ANY OF ITS RESPECTIVE OFFICERS, AGENTS, DIRECTORS, PARTNERS, AND EMPLOYEES BE LIABLE IN ANY WAY FOR ANY USER CONTENT OR ANY USER’S USE OR INTERPRETATION OF THE SITE, CONTENT, SOFTWARE, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN OR ON THE SITE, CONTENT, SOFTWARE OR SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, CONTENT OR SERVICES.
FREEKFLY.COM SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND FREEKFLY.COM'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES OF WHATEVER NATURE, ACTS OF GOD, PUBLIC ENEMY, WAR, ACTS OF GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING CONTENT OR SERVICES.
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE, CONTENT, SOFTWARE OR SERVICES OR THE SYSTEMS TRANSMITTING THEM TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM THAT DISRUPTION.
freekfly.com shall have the right in its sole discretion, but not the obligation, to refuse to post or to remove any material submitted to or posted on the Site. Without limiting the foregoing, freekfly.com shall have the right, but not the obligation, to remove any material that freekfly.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
The Site employs various trademarks and service marks of freekfly.com. You may not use or display such marks in any manner without the prior written permission of freekfly.com. This Site also employs other trademarks and service marks that are the property of third parties, or are licensed to, or owned by freekfly.com. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Third Party Content
freekfly.com is not a publisher of content supplied by third parties and users of the site, but rather utilizes automated processes to compile and present such content. Accordingly, freekfly.com has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of their respective author(s) or distributor(s) and not of freekfly.com. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. freekfly.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized freekfly.com employee spokespersons while acting in their official capacities. Such content, when posted by authorized freekfly.com employee spokespersons, shall be clearly marked as such.
freekfly.com assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. freekfly.com does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
You agree to indemnify and hold harmless freekfly.com and its affiliates and their respective officers, agents, partners, directors and employees, from and against any third party claim or demand (including reasonable attorneys' fees), arising out of or relating to your use of the Site or its content. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. freekfly.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of freekfly.com.
Remedies for Breach
The business associates of freekfly.com identified on this Site are independent contractors of freekfly.com. The business associates are not joint venturers or partners of freekfly.com. No employee or representative of the business associates is under the control of freekfly.com.
freekfly.com has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
freekfly.com Web site incorporates links to other Web sites. freekfly.com does not in any way endorse, nor is it responsible for, the content on those other Web sites.
Advertisers and Merchants
You acknowledge and agree that your correspondence or business dealings with, or participation in promotions of and product and service offerings by advertisers and merchants found on or through the Site or links to the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. You agree that freekfly.com shall not be responsible or liable for any loss or damage of any type incurred as the result of any such dealings or as the result of the presence of such advertisers or merchants on the Site.
The Site includes links to other online sites or locations, such as news and other information, some of which may be operated by freekfly.com and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and it is your responsibility to comply with such other terms and conditions.
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