TERMS OF USE

Last modified: January 27th, 2011

Flags A’ Flying, LLC (“Flags A’ Flying”) operates this Site to provide online access to information about Flags A’ Flying and the products, services, and opportunities we provide.  By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use").  

Flags A’ Flying reserves the right to modify this Agreement at any time without giving you prior notice.  Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.  The last date these Terms of Use were revised is set forth above.

Table of Contents
1.)   Use of Site
2.)   Copyright
3.)   Trademarks
4.)   Limitation of Liability
5.)   Linking to this Site
a.     Link Guidelines
6.)   Links to Third-Party Web Sites
7.)   Downloading Files
8.)   Disclaimer of Warranties
9.)   Indemnification
10.) User Conduct
11.) Password Security
12.) General Provisions

1.)   Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Flags A’ Flying products and services.  No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise.  Flags A’ Flying reserves complete title and full intellectual property rights in all Content.  You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2.)   Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Flags A’ Flying or its partners, affiliates, contributors or third parties.  The copyrights in the Content are owned by Flags A’ Flying or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only.  If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization.  With the exception of specialized custom flag design components, you may not manipulate or alter in any way images or other Content on the Site.  The Content on the Site includes, but is not limited to, the design, layout, look, appearance, and graphics.

3.)   Trademarks
You are prohibited from using any of the trademarks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4.)   Limitation of Liability
In no event will Flags A’ Flying be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of:
(I)             the use of or inability to use the site, the service, or the content;
(II)            any transaction conducted through or facilitated by the site;
(III)           any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content;
(IV)          unauthorized access to or alteration of your transmissions or data, or
(V)           any other matter relating to the site, the service, or the content, even if Flags A’ Flying has been advised of the possibility of such damages.  
If you are dissatisfied with the site, the service, the content or with the terms of use, your sole and exclusive remedy is to discontinue using the site.  Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, as a result, some of the above limitations may not apply to you.  In such states, Flags A’ Flying’s liability is limited and warranties are excluded to the greatest extent permitted by law.

5.)   Linking to this Site
If you would like to link to the Site, you must follow the below link guidelines.  You may not mirror or frame the home page or any other pages of this Site on any other website or web page.
v  Link Guidelines
Only link to the Flags A’ Flying web site when Flags A’ Flying's business is relevant to your own activities.  No use is permitted just to attract attention or to suggest any endorsement, sponsorship by, or affiliation with Flags A’ Flying.

6.)   Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you.  If you should choose to use these links, you will leave the Site.  Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Flags A’ Flying of the third party, the third-party web site, or the information contained therein.  Flags A’ Flying is not responsible for the availability or content of any such web sites.  If you use the links to the web sites of Flags A’ Flying affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

7.)   Downloading Files
Flags A’ Flying cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

8.)   Disclaimer of Warranties
Flags A’ Flying nor its selected third parties make no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content.  Flags A’ Flying expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, title and non-infringement, with the regard to the site, the service, the content, and any product or service furnished or to be furnished via the site.  Flags A’ Flying does not warrant that the functions performed by the site or the service will be uninterrupted, timely, accurate, secure, or that defects in the site or the service will be corrected.  Flags A’ Flying does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected.  The site, the service and the content are provided on an “as is” and “as available” basis.

9.)   Indemnification
You understand and agree that you are personally responsible for your behavior on the Site.  You agree to indemnify, defend and hold harmless Flags A’ Flying, its affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the service from and against all claims, losses, expenses, damages and costs, including, but not limited to, direct, incidental, consequential, exemplary and indirect damages, and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

10.) User Conduct
You agree to use the Site only for lawful purposes.  You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content.  You agree not to add to, subtract from, or otherwise modify the Content or to attempt to access any Content that is not intended for you.  You agree not to use the Site in any manner that might interfere with the rights of third parties.

11.) Password Security
If you register to become a flagsaflying.com member, you are responsible for maintaining the confidentiality of your log-in account and password information, and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your log-in account and password.

12.) General Provisions
a.)   Entire Agreement/No Waiver.  These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof.  No waiver by Flags A’ Flying of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b.)   Correction of Errors and Inaccuracies.  The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current.  Flags A’ Flying therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice.  Flags A’ Flying does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c.)   Enforcement/ Choice of Law/Choice of Forum.  If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.  Any and all disputes relating to this Agreement, Flags A’ Flying's Privacy Policy, your use of the Site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Washington, without regard to any conflict of laws provisions.
d.)   Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.