Terms of Service


Terms of Service

 

            1. Acceptance of Terms 

Those of us here at FleeAmerica welcome you. We provide our service to you subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you

 

           2. Description of Services

FleeAmerica provides a wide variety of services to our users, including travel and property/real estate related information, shopping services, classifieds, search services, forums, blog content, articles and other content which may be accessed through various electronic devices including computers and cell phones.  You also understand and agree that the Service may include advertisements and that these advertisements are necessary to provide the Service. The Service also may include communications  such as administrative messages and that these messages are considered part of the membership and that you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new  properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that FleeAmerica assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

            3. Your Registration Obligations 

To use our services you agree that you have represented yourself accurately, that you are of legal age to form a binding contract. You also agree to provide, current, true, accurate and complete personal information  as requested and required by FleeAmerica in the Service’s registration form and to maintain and promptly update the required registration data to keep it current, true, accurate and complete in every way. If you provide false, incomplete, inaccurate or not current information, or if FleeAmerica has reasonable grounds, to suspect that such information is false, incomplete, inaccurate or not current, FleeAmerica has the right, according to these Terms of Service, to suspend or terminate your account and refuse any and all current or future use of any or all of our Services. FleeAmerica does not allow any users under the age of 18 to use its Services.

            4. FleeAmerica Privacy Policy 

Registration data and other information you provide or we ascertain is subject to our Privacy Policy. You understand that through your use of our Services you consent to the collection and use (as set forth in the Privacy Policy) of this information into our ISP and/or other countries for storage/processing and use by FleeAmerica.com. 

 5. Member Account, Password and Security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FleeAmerica of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FleeAmerica cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

       6.      Member Responsibility

You agree to not use the Service to:

a.       upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b.      impersonate any person or entity, including, but not limited to, an FleeAmerica administrator or representative, forum leader, writer, blogger, author, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c.       forge any material in any way or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

d.      upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

e.      upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

f.       upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.

g.      upload, post, email, transmit or otherwise make available any material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

h.      interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

i.        intentionally or unintentionally violate any applicable local, state, national or international law.

j.        "stalk" or otherwise harass another; and/or

k.      collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that FleeAmerica may or may not pre-screen Content, but that FleeAmerica and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, FleeAmerica and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FleeAmerica or submitted to FleeAmerica, including without limitation information in FleeAmerica message boards, forums, blogs and in all other parts of the Service.

You acknowledge, consent and agree that FleeAmerica may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FleeAmerica personnel, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by FleeAmerica and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

       7.     Special Warnings for International Usage

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

       8.      Content Submitted or Made Available For Use on the Service

FleeAmerica does not own or make claim to ownership of Content others submit  or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant FleeAmerica the following worldwide, royalty-free and non-exclusive license(s), as applicable:

a.       With respect to Content you submit or make available for inclusion on publicly accessible areas of FleeAmerica, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting FleeAmerica to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or FleeAmerica removes such Content from the Service.

b.      With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or FleeAmerica removes such Content from the Service.

c.       With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of FleeAmerica that are intended by FleeAmerica to be available to the general public. Such areas include but are not limited to Location Representative’s web pages, international blogs, international writer’s areas / articles, the International Forum and classifieds.

9. Contributions to FleeAmerica

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to FleeAmerica through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) FleeAmerica is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) FleeAmerica shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) FleeAmerica may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of FleeAmerica without any obligation of FleeAmerica to you; and (f) you are not entitled to any compensation or reimbursement of any kind from FleeAmerica under any circumstances.

10.  Indemnity

You agree to indemnify and hold FleeAmerica.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

11.  No Reselling of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

12.  General Practices Related to Use and Storage

You acknowledge that FleeAmerica may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on FleeAmerica.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that  FleeAmerica has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that FleeAmerica reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FleeAmerica reserves the right to modify these general practices and limits from time to time.

13. Modifications to Service

FleeAmerica reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FleeAmerica shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14.  Termination

You agree that FleeAmerica may, under certain circumstances and without prior notice, FleeAmerica immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your FleeAmerica account includes (a) removal of access to all offerings within the Service, including but not limited to Web Pages, Blogs, Writer’s areas, Chat, Domains, Personals, Auctions, Message Boards, Forums, Email Accounts, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in FleeAmerica’s sole discretion and that FleeAmerica shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

15. Dealings With Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 that said advertiser. You agree that FleeAmerica shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

16.  Links

The Service may provide, or third parties may provide, links to other world wide web sites or resources. Because  FleeAmerica as no control over such sites and resources, you acknowledge and agree that FleeAmerica is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that  FleeAmerica 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 site or resource.

17. Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by FleeAmerica or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

FleeAmerica grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by FleeAmerica for use in accessing the Service.

18.  Disclaimer of Warranties

Notice: Please read this section carefully.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A.    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLEEAMERICA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

B.      FLEEAMERICA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

C.     ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D.    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLEEAMERICA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

19. Limitation of Liability

Notice: Please read this section carefully:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLEEAMERICA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FLEEAMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

20.  Special Admonition for Services Relating to Financial Matters

The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Any and all Content should be personally checked for accuracy. FleeAmerica and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

21. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

22. Notice

FleeAmerica may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.

23.  Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement

FleeAmerica respects the intellectual property of others, and we ask our users to do the same. FleeAmerica may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FleeAmerica the following information:

a.       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b.      a description of the copyrighted work or other intellectual property that you claim has been infringed;

c.       a description of where the material that you claim is infringing is located on the site;

d.      your address, telephone number, and email address;

e.       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;

f.       a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Such information should be sent to admin@FleeAmerica.com

24.  General Information

Entire Agreement. The TOS constitutes the entire agreement between you and  FleeAmerica and governs your use of the Service, superseding any prior agreements between you and FleeAmerica with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FleeAmerica services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms. The failure of FleeAmerica to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your FleeAmerica account is non-transferable and any rights to your FleeAmerica  ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

25.  Violations

Please report any violations of the TOS to admin@FleeAmerica.com