TERMS AND CONDITIONS
Interpretation. The capitalized words herein shall have the meaning ascribed to them below. Such meanings shall apply regardless of whether said words appear in singular form or plural form.
Definitions. For the purposes of these Terms and Conditions:
“Affiliate(s)” means an entity that controls, is controlled by, or is under common control with, a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
“Account” means a unique account created for You to access our Service or parts of our Service.
“Company” (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to The Backseat Pilot LLC, 1900 East Golf Road, Suite 950A, Schaumburg, Illinois 60173.
“Content” rmeans content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
“Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
“Service(s)” means all services offered by Company whether offered through the Website, through communications from the Company, and/or through any mobile application.
“Terms and Conditions” (also referred as “Terms”) means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
“Third-party Content” means any content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
“Third-party Service” means any service (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service, or that may be used in connection with accessing the Service.
“Website” means FLTPAGES, accessible at https://fltpages.thebackseatpilot.com/, and/or https://www.fltpages.com
“You” (or “Your”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. Your acceptance of these Terms and Conditions shall constitute a legally enforceable, binding agreement between You and the Company.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
You may not access the Service if You are a competitor of the Company. You may not access the Service if the Company has previously banned You from the Service of has closed Your Account.
The Service may be modified or discontinued at any time without notice or liability on the part of the Company.
Use of the Service is at Your own risk, including the risk that You may be exposed to Content that is inaccurate, incomplete, and/or objectionable.
User Account. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your Account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for all activities that occur in connection with Your Account.
You consent, by accessing the Service, to receive communications from other users of the Service and from the Company, whether through electronic mail, text messages, electronic notifications, or other means.
Content. Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions. You are exclusively responsible for the Content posted through Your Account. You assume all risks emanating from Content posted through Your account, including, without limitation, risks due to third-parties relying upon information posted to the Website through Your Account.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful content or content promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Content containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of a third person.
- Content infringing on any intellectual property or other proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
- Content impersonating any person or entity including the Company and its employees or representatives.
- Content violating the privacy of any third person.
- Content known to be false.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and to refuse or remove this Content. The Company further reserves the right to make formatting changes and edits to all Content. The Company further reserves the right to modify the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable. You agree that under no circumstances will the Company be liable in any way for any Content posted by anyone (including any errors or omissions in any content) or for any loss or damage of any kind incurred as a result of Your use of any Content.
Content Backups. Although regular backups of Content are performed, the Company does not guarantee that there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property Infringement. We respect the intellectual property rights of others. It is Our policy to address any claim that Content posted on the Service infringes a copyright or trademark owned by another person or business.
If You are a copyright or trademark owner, or authorized on behalf of one, and You believe that the copyrighted work or the trademark has been copied or otherwise used in a way that constitutes infringement that is taking place through the Service, You may submit a notice to this effect in writing. Said notice may be sent to firstname.lastname@example.org. Said notice should include Your name and contact information. Said notice should provide a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright and/or trademark, whether such misrepresentation was intentional or not.
DMCA Notice and DMCA Procedure for Copyright Infringement Claim. In addition to the Notice referenced above, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
- Your address, telephone number, and email address.
- 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.
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner’s interest.
You may submit the DMCA Notice via email to email@example.com.
You further recognize and agree that a party accused of copyright infringement or other violation of intellectual property rights pursuant to these Terms and Conditions may be provided an opportunity to respond to such allegations. If said party is provided such an opportunity and provides a response, You agree that You will either initiate litigation against such party within ten business days of receipt of the alleged infringer’s position or will forfeit your right to pursue removal of the allegedly infringing content by Company.
Intellectual Property Ownership. The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You grant the Company an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to reproduce, publicly display, use, modify, prepare derivative works of, publish, distribute, assign, and sublicense all material constituting Your intellectual property, including but not limited to all material protected by U.S. and/or foreign copyright and trademark law, as necessary or appropriate (determined in the Company’s sole discretion) for the Company to deliver the Service.
Indemnity. You agree to indemnify, defend, and hold harmless the Company, from and against any and all third party claims, damages, costs, liabilities, and expenses arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your products or services, or the marketing or provision thereof to end users, or (iv) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and you agree to cooperate with the Company’s defense of these claims. You agree not to settle any such matter without the prior written consent of the Company.
Your Feedback to Us. You assign to Company all rights, title, and interest in any Feedback that You may provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Links to Other Websites. Our Service may contain links to Third-party Content and/or Third-party Services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or Third-party Services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites that you visit or Third-party Services that access.
Termination. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
The Terms set forth herein shall survive termination of this Agreement and remain in effect in their entirety thereafter, regardless of whether You or the Company terminated this Agreement.
Limitation of Liability. The Service may host Third Party Content and/or accounts for Third Party Services. The Company does not control or endorse any such Third Party Content or Third Party Service. You agree that the Company is not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk. Some such Third Party Content and/or Third Party Services may be subject to additional terms of service instituted by such third-parties. You are exclusively responsible for compliance with such third-parties’ terms.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to $100 (USD).
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“As Is” and “As Available” Disclaimers. The Services are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, materials, or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy or reliability of any information or content provided through the Service; or (iv) that the Service, its servers, the Content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Dispute Resolution. If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Except for “Intellectual Property Disputes,” any and all disputes arising out of, or relating to, (1) these Terms or an alleged breach thereof; or (2) Use of Your Account, shall be resolved through binding arbitration before a single arbitrator of the American Arbitration Association. Judgment on any award issued by said arbitrator may be entered in any court having jurisdiction. The arbitration shall take place in Illinois and shall be governed by Illinois law. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.
For any matter that, for any reason, is deemed non-arbitrable, You agree that such disputes shall be heard in the federal or state courts of Illinois and You shall waive any personal jurisdiction or venue objections that might otherwise be available to You.
U.S, Federal Government End Use Provisions. If You are a U.S. federal government end user, the Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation. These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of any dispute concerning the meaning of any provision of these Terms.
Changes to these Terms and Conditions. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us. If You have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org
By visiting this page on our website: https://fltpages.thebackseatpilot.com/contact/