- Accessing our Mobile App. We reserve the right to withdraw or amend our Mobile App, and any service or material we provide on our Mobile App, in our sole discretion without notice to you. We will not be liable to you or to any third party if for any reason all or any part of our Mobile App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Mobile App, or the entire Mobile App, to users, including registered users.
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Your Obligations.
- You are responsible for making all arrangements necessary for you to have access to our Mobile App.
- You are responsible for ensuring that all persons who access our Mobile App on your behalf are aware of these Terms of Use and comply with them.
- You are responsible for obtaining the consent of any individuals whose personal information you provide to the Mobile App to share and use such personal information in accordance with the functionality of the Mobile App and our Privacy Policy.
- You are responsible for ensuring that you, and any individuals whose personal information you provide to the Mobile App, have also communicated such personal information and the expected itinerary of the excursion to third parties via a method other than using the Mobile App.
- To access our Mobile App or some of the resources our Mobile App offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Mobile App that all the information you provide on our Mobile App has been obtained and used legally, is correct, current and complete. You agree that all information you provide to us is governed by our Privacy Policy at Privacy Policy and these Terms of Use. You consent to all lawful actions that we take with respect to your personal information, as long as such actions are consistent with our Privacy Policy.
- If you have provided information to us, such as a user name, email, password or any other piece of information given as part of our procedures to provide you with the information or services you have requested (collectively “User ID”), your User ID must be treated as confidential, and you must not and will not disclose such information to any other person or entity. You also acknowledge that your User ID is personal to you and you agree not to provide any other person or entity with your User ID. You agree to notify us immediately of any suspected or confirmed unauthorized access to or use of your User ID or any other breach of security that could affect us or our Mobile App.
- You are prohibited from using any information, services or functionality provided in connection with the Mobile App to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. We have the right, but we are not obligated, to disable any User ID or other identifier, whether chosen by you or provided to you by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
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Intellectual Property Rights
- Our Mobile App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, unique color choices, images, video and audio, and the design, selection and arrangement thereof), are owned by Float Plan, Float Plan’s 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 our Mobile App for the purposes specified on our Mobile App or in any applicable agreement between us. You must not – and by using our Mobile App, you agree not to – reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Mobile App, except as follows:
- Your device may temporarily store copies of such materials in random access memory (or 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 information provided on our Mobile App in accordance with the functionality that Float Plan provides as part of the Mobile App.
- You must comply with the access and permissions to use content, information or functionality on the Mobile App as agreed by us.
- If we provide applications for download, you may download a single copy to your device solely for your own use in accordance with our Terms of Use and any applicable agreement, provided you agree to be bound by any end-user license agreement for each such application.
- You must not – and by using our Mobile App, you agree not to:
- modify copies of any copyrighted materials from our Mobile App;
- use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- delete or alter or obscure any copyright, trademark, service mark or other proprietary rights notices from copies of materials from our Mobile App.
- If you print, copy, modify, download or otherwise use or provide any other person or entity with your User ID or access to any part of our Mobile App in breach of our agreements together, your right to use our Mobile App will cease immediately. No right, title or interest in or to our Mobile App or any content on our Mobile App is transferred to you, and all rights not expressly granted to you are reserved by Float Plan. Any use of our Mobile App not expressly permitted by our agreements together is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks
Float Plan’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Float Plan or Float Plan’s affiliates or licensors. You must not – and by using our Mobile App, you agree not to – use such marks without the prior written permission to you from Float Plan. All other names, logos, product and service names, designs and slogans on our Mobile App are the trademarks of their respective owners.
- Prohibited Uses
- You may use our Mobile App only for lawful purposes and in accordance with these Terms of Use and any applicable agreement. You agree not to use our Mobile App:
- in any way that violates any applicable international or United States federal, state, or local law or regulation or would give rise to civil liability;
- for the purpose of harming or attempting to harm an individual, the public, or property, or for any illegal purpose;
- to do anything that is fraudulent, false, misleading or deceptive, or misinforms the public;
- to do anything that is offensive, defamatory, racist, abusive, harassing, threatening or offensive or that solicits funds, advertisers, or sponsors for any purpose;
- to share your User ID through any means; or
- to engage in any conduct that discloses an individual’s personal information in violation of these Terms of Use, the law or our Privacy Policy, restricts or inhibits anyone’s use or enjoyment of our Mobile App, or which, as determined by us in our reasonable business judgment, may harm Float Plan or users of our Mobile App or expose Float Plan and/or our Mobile App users to liability, violence or injury.
- Additionally, you agree not to:
- use our Mobile App in any manner that could disable, overburden, damage, or impair our Mobile App or interfere with any other party’s use of our Mobile App, including their ability to engage in real-time activities through our Mobile App;
- use any robot, spider, crawler, data mining tool or other automatic device, process or means to access our Mobile App for any purpose, including monitoring or copying any of the material on our Mobile App;
- use any manual process to monitor or copy any of the material on our Mobile App or for any unauthorized purpose (including but not limited to reverse engineering, decompiling or disassembling any software, plug-ins or applications that might be a part of our Mobile App) without prior written consent from Float Plan to you;
- use any device, software or routine that interferes with the proper working of our Mobile App;
- introduce any viruses, trojan horses, worms, logic bombs or other type of software or similar material which is malicious or technologically harmful;
- attempt to probe, scan or test the vulnerability of any Float Plan system or network, or attempt to breach any security or authentication measures, or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Mobile App, the server on which our Mobile App is stored, or any server, computer or database connected to our Mobile App;
- attack our Mobile App via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of our Mobile App.
- Reliance on Information
- We obtain and post information from various sources and locations, including public resources, users such as you, and service providers. We cannot guarantee all information is current, accurate, or complete. Any information presented on or through our Mobile App is made available to you solely for general information purposes, or for the specific purposes described on the Mobile App or in the applicable agreement. We do not warrant the accuracy, completeness or usefulness of 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 our Mobile App, or by anyone who may be informed by you – directly or indirectly – of any information on our Mobile App.
- All information, statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to our Mobile App
We may update the content on our Mobile App from time to time, but the content of our Mobile App is not necessarily complete or up-to-date. Any of the material on our Mobile App may be out-of-date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to our Mobile App
All information that we collect on our Mobile App is subject to our Privacy Policy at Privacy Policy. By using our Mobile App, you consent to all actions taken by us with respect to your information, provided that our actions are in compliance with our Privacy Policy.
Links from our Mobile App
If our Mobile App contains links to other Mobile Apps and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those Mobile Apps or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party website linked to our Mobile App, you do so entirely at your own risk and subject to the terms and conditions of use for such other website.
Geographic Restrictions
This Mobile App is based in the USA. We make no claims that our Mobile App or any of its content is accessible or appropriate outside of the USA. Access to our Mobile App may not be legal by certain persons or in certain countries. If you access our Mobile App from outside the USA, you do so on your own initiative and you are solely responsible for compliance with local laws.
- Disclaimer of Warranties
- You understand that we cannot guarantee – and we do not guarantee or warrant – the accuracy of the content on our Mobile App (as described above) or that that files, data, or information available for downloading will be free of all viruses or other destructive code, or that our Mobile App will be available on an uninterrupted, secure or error-free basis. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to our Mobile App for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, YOUR MOBILE DEVICES, YOUR COMPUTER PROGRAMS, YOUR DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR MOBILE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR MOBILE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OUR MOBILE APP, OR ON ANY WEBSITE LINKED TO OUR MOBILE APP.
- YOUR USE OF OUR MOBILE APP, ITS CONTENT AND ANY SERVICES OR FUNCTIONALITY OBTAINED THROUGH OUR MOBILE APP IS AT YOUR OWN RISK. OUR MOBILE APP, ITS CONTENT AND ANY SERVICES OR FUNCTIONALITY OBTAINED THROUGH OUR MOBILE APP ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WHEN AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLOAT PLAN NOR ANY PERSON ASSOCIATED WITH FLOAT PLAN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR MOBILE APP. WITHOUT LIMITING THE FOREGOING, NEITHER FLOAT PLAN NOR ANYONE ASSOCIATED WITH FLOAT PLAN REPRESENTS OR WARRANTS THAT OUR MOBILE APP, ITS CONTENT OR ANY SERVICES OR FUNCTIONALITY OBTAINED THROUGH OUR MOBILE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR MOBILE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR MOBILE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR MOBILE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- FLOAT PLAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation of Liability
- IN NO EVENT WILL FLOAT PLAN, FLOAT PLAN’S AFFILIATES OR FLOAT PLAN’S LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, FLOAT PLAN’S MOBILE APP OR FLOAT PLAN’S SERVICES, ANY WEBSITE LINKED TO FLOAT PLAN’S MOBILE APP, ANY CONTENT ON FLOAT PLAN’S MOBILE APP OR SUCH OTHER MOBILE APPS OR ANY SERVICES OR FUNCTIONALITY OBTAINED THROUGH FLOAT PLAN’S MOBILE APP OR SUCH OTHER MOBILE APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Float Plan, Float Plan’s affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Mobile App, including, but not limited to, any use of our Mobile App’s content, services or functionality other than as expressly authorized in these Terms of Use, any applicable agreement(s), or your use of any information obtained from our Mobile App.
- Governing Law, Jurisdiction and Dispute Resolution
- All matters relating to our Mobile App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Virginia, United States, without giving effect to any choice or conflict of law provision or rule.
- Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or our Mobile App will be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia in each case located in or near the City of Richmond, Virginia although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You also waive any rights to trial by jury.
- At Float Plan’s sole discretion, Float Plan may require you to submit any disputes arising from the use of our Mobile App or these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination to final and binding arbitration.
- If a dispute arises between you and us regarding the respective rights or obligations under these Terms of Use, the parties agree to first attempt to settle each such dispute by direct discussions. If such dispute cannot be settled by direct discussions, any unresolved dispute or breach will be resolved as provided above and by law. The prevailing or non-dismissing party in any dispute, litigation, or cause of action related to these Terms of Use will be entitled to reimbursement of all reasonable expenses, including without limitation court or arbitration or mediation costs and attorney fees incurred in good faith.
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 OR OUR MOBILE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver and Severability
- No waiver of by Float Plan of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Float Plan to assert a right or provision under these Terms of Use will not constitute a waiver by Float Plan of such right or provision.
- If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
- Your Feedback, Comments and Suggestions for Improvements
- Our Mobile App is operated by Float Plan in Virginia, USA.; our office address is: 301 Southlake Blvd., North Chesterfield, VA 23236.
- We welcome your feedback, comments, suggestions for improvements, and requests for technical support and other communications relating to our Mobile App (all collectively, your “Feedback”). Please email your Feedback to us at: contact@thefloatplan.com. With respect to your Feedback that we receive from you, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit your Feedback that we receive from you for any purpose.
Entire Agreement
These Terms of Use, our Privacy Policy, and any applicable agreement between us constitute the sole and entire agreement between you and Float Plan with respect to our Mobile App, and such documents supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Mobile App.
