Terms Of Use

ACCEPTANCE OF TERMS

These Terms and Conditions apply when you access the fly Conferencing web site (the "Site"), a web site provided to you ("you") by fly Conferencing ("fly Conferencing"). Your use of the Site is governed by these Terms of Use. These Terms of Use include any updates by fly Conferencing and any additional guidelines or rules posted on the Site, if any ("Terms and Conditions"). You can review the most current version of the Terms and Conditions at any time at http://www.flyconferencing.com and selecting the Terms and Conditions link. Please note that the collection and dissemination of information is subject to fly Conferencing's Privacy Statement, which may be viewed at any time by also clicking on the Privacy Policy link at the bottom of the fly Conferencing Web pages.

By using fly Conferencing Site, you agree to be bound by the Terms and Conditions. This is a legally binding agreement. Before proceeding to use our services, you should read the Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use our website. If, however, you agree to them unconditionally you will be given the opportunity to click the “I accept” checkbox during the registration process, and you will then be able to use our website to which these Terms and Conditions apply.

The Site and Services are controlled and operated by fly Conferencing from its offices in Illinois in the United States, and fly Conferencing makes no representations that information and offerings or the Services provided through the Site are appropriate or available for use outside the United States.

COMPANY INFORMATION

The Site includes information about fly Conferencing, its products and its services and allows you to purchase fly Conferencing's products and/or services through an online account. Collectively, the provision of the information, the ability to purchase products and services and the search features on or through the Site are referred to in these Terms and Conditions as the "Services." fly Conferencing may alter, augment or terminate the Site or Services in whole or in part at any time and from time to time at its sole discretion. fly Conferencing reserves the right to modify, deny or suspend your access to the Site or Services at any time without notice to you. fly Conferencing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services. fly Conferencing reserves the right to refuse to offer the Services to anyone at any time without notice.

To use the Site and Services, you will need access to the World Wide Web, and you must pay any fees associated with your use of such access and the Services you obtain. You will also need equipment and a modem or another access device. fly Conferencing currently uses SSL technology on some Site pages to help protect information that passes over the Internet. You must have certain browser capabilities to take advantage of this encryption technology.

REGISTRATION REQUIREMENTS

To purchase products or services from fly Conferencing, you must register with the Site. fly Conferencing requires you to provide your name, phone number, e-mail address and credit card billing address and credit card information. Upon submitting this information, you will receive an "account." You will also be provided with a login ID and password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify fly Conferencing by one of the methods listed below in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the Services. fly Conferencing is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

SERVICES OFFERED

The information and descriptions of the Services provided are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by fly Conferencing. You assume total responsibility and risk for your use of the information provided on the Site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information provided on the Site.

All products and services described in these pages are provided subject to applicable tariffs and any accompanying terms and conditions, which may be obtained from fly Conferencing. If you purchase any products or services from fly Conferencing, you understand that such purchase is subject to fly Conferencing's standard terms and conditions of sale.

DISCLAIMER OF WARRANTIES

ALL PRODUCTS OR SERVICES OFFERED BY fly CONFERENCING ARE PROVIDED SUBJECT TO fly CONFERENCING'S TERMS AND CONDITIONS OF SALE. fly CONFERENCING OFFERS NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED OR OBTAINED THROUGH YOUR USE OF THE SITE. INFORMATION PROVIDED ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED ON THE SITE ARE YOUR SOLE RESPONSIBILITY.

THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. fly CONFERENCING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. fly CONFERENCING MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.

EXCLUSIONS AND LIMITATION OF LIABILITY SECURITY MEASURES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT fly CONFERENCING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF fly CONFERENCING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iv) YOUR RELIANCE ON ANY OF THE SERVICES; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES. IN NO EVENT SHALL fly CONFERENCING'S LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE AND/OR SERVICES EXCEED $100.

Payment/Billing

By providing fly Conferencing with your credit card information, you are authorizing fly Conferencing to bill your credit card for service provided. fly Conferencing will automatically bill your credit card for each audio or web conference call at the rate posted on the services page of the Site. Notice of cancellation of your account must be provided ten (10) business days prior to the date of cancellation, by sending an e-mail notice to: info@flyconferencing.com

No credits or pro-ration will be given during the month of cancellation. The credit card will be billed for your use of the services. Unless we otherwise agree in writing, we may adjust our fees at any time. In the event of a price change, we will provide you with advanced notice. International rates can change without notice. Any features or upgrades to our Services will be provided to you on terms and prices generally available to the public or as otherwise agreed by us in writing. All fees, billing and payment will be in United States dollars only. All payments hereunder are exclusive of all taxes. You agree to pay any taxes, whether federal, state, local, municipal and usage fee that may be imposed upon or with respect to the Services performed hereunder, exclusive of taxes on fly Conferencing' net income. A monthly surcharge may apply to all accounts not paid by automatic credit card billing.

CONDUCT ON THE SITE

You agree to not use the Site to:

Upload, post, e-mail or otherwise transmit any content (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) that includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited marketing; or (v) that contains software viruses or similar harmful components or routines;

Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;

Interfere with or disrupt the Site, the hardware, software or networks connected to the Site, or any other users of the Site;

Use the Site in violation of any applicable local, state, national or international law or regulation;

Use the Site for or offer any information on the Site to any third party or use or exploit any portion of the Site to provide any commercial services to third parties; or

Reference any e-mail accounts provided as part of the Site in any e-mail or online posting which violates these Terms and Conditions.

USE BY CHILDREN

fly Conferencing does not solicit the use of the Site by minors.However, fly Conferencing cannot prevent such use and cannot prevent minors from visiting the Site. Parents, guardians and those responsible for supervising minors are solely responsible for determining what materials are suitable for such children to view.

fly Conferencing requires that use of this Site be made either by:(a) individuals 18 years old or older; or (b) individuals under 18 years of age under the direct supervision of a parent, guardian or other responsible individual with such parent, guardian or other responsible individual's verifiable permission for such use, including the collection by fly Conferencing of certain information in accordance with these Terms and Conditions.

EACH TIME YOU USE THE SITE, YOU ARE REPRESENTING THAT YOU ARE EITHER: (A) 18 YEARS OF AGE OR OLDER; OR (B) A MINOR WHO IS USING THIS SITE UNDER THE SUPERVISION, AND WITH THE VERIFIABLE PERMISSION OF, A PARENT, GUARDIAN OR OTHER RESPONSIBLE INDIVIDUAL FOR SUCH USE AND FOR THE COLLECTION OF CERTAIN INFORMATION IN ACCORDANCE WITH THESE TERMS OF USE.

INTELLECTUAL PROPERTY INFORMATION

All content included on the Site, including, without limitation, all text, graphics, logos, button icons, images, audio clips, and software ("Content") and the compilation of the Content, is the property of fly Conferencing or its content suppliers and protected by U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited. fly Conferencing reserves all other rights.

Certain Content is reprinted with the permission of the authors or other owners of the copyright in such Content ("Third Party Content"). The ideas and concepts in any Third Party Content are solely those of the respective authors and not of fly Conferencing. fly Conferencing does not endorse, warrant, guarantee or otherwise certify any Third Party Content in any application or usage.

LINKS

The Services may include links to other World Wide Web sites ("Linked Sites"). You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by fly Conferencing with respect to the providers of the Linked Sites or the quality, reliability or any other characteristic or feature of the Linked Sites and fly Conferencing is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the Linked Sites, including without limitation, the content provided on or through the Linked Sites or your reliance thereon. fly CONFERENCING MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITES: YOUR USE OF ANY LINKED SITES IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of the Linked Sites is subject to the terms and conditions applicable to that site.

INDEMNITY

You agree to hold harmless and indemnify fly Conferencing and its affiliates, and each of its officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any Content thereon, and (b) any use of the Site or Services that violates the Terms and Conditions.

"SAFE HARBOR" STATEMENT

Under the Private Securities Litigation Reform Act of 1995, certain statements contained herein are forward looking statements that involve risks and uncertainties. These risks include, but are not limited to, product demand and market acceptance risks, the impact of competitive products and technologies, competitive pricing pressures, product development, excess and obsolete inventory due to new product development, commercialization and technological delays or difficulties, the effect of fly Conferencing' accounting policies, the effect of economic conditions and trade, legal, social, and economic risks (such as import, licensing and trade restrictions). fly Conferencing undertakes no obligation to release publicly the result of any revisions to these forward looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated event.

JURISDICTION AND VENUE

You and fly Conferencing agree that this Agreement and the relationship between you and fly Conferencing will be governed by the laws of the State of Illinois, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and fly Conferencing will rest exclusively in the courts of Cook County and the federal court for the District Court of the Northern District of Illinois.

GENERAL PRACTICES REGARDING STORAGE

You understand and agree that fly Conferencing shall have no liability for the deletion or failure to store any information, content or data transmitted using the Site. You agree that fly Conferencing may gather system data, which may include data regarding memory usage, navigation, screen resolution, color palettes, connection speed, efficiency and the like.

MISCELLANEOUS

The Terms and Conditions constitute the entire agreement between you and fly Conferencing and govern your use of the Site and Services. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and fly Conferencing. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site or Services. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of fly Conferencing to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, Services or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.

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Terms Of Use