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Fliteworks Terms of Use
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FLITEWORKS TERMS OF USE

Thank you for using Fliteworks!

Fliteworks is a trade name of SHPR Co. We (“SHPR Co.” or “SHPR”) provide website features and other products and services to you when you visit fliteworks.com, use Fliteworks products or services, or use software provided by Fliteworks in connection with any of the foregoing (collectively, “Fliteworks Services”). We provide the Fliteworks Services subject to the following conditions.

By using Fliteworks Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Fliteworks Services, and sometimes additional terms may apply. When you use a Fliteworks Service you also will be subject to the guidelines, terms and agreements applicable to that Fliteworks Service ("Service Terms"). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your use of Fliteworks Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Fliteworks Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Fliteworks Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Fliteworks Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of SHPR or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Fliteworks Service is the exclusive property of SHPR and protected by U.S. and international copyright laws.

TRADEMARKS

Here is a non-exhaustive list of trademarks owned by SHPR in relation to Fliteworks:

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Fliteworks Service are trademarks or trade dress of SHPR in the U.S. and other countries. SHPR’s trademarks and trade dress may not be used in connection with any product or service that is not SHPR’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SHPR. All other trademarks not owned by SHPR that appear in any Fliteworks Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SHPR.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, SHPR or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make non-commercial use of the Fliteworks Services. This license does not include any resale or commercial use of any Fliteworks Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Fliteworks Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by SHPR or its licensors, suppliers, publishers, rightsholders, or other content providers. No Fliteworks Service, nor any part of any Fliteworks Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SHPR. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SHPR without express written consent. You may not use any meta tags or any other "hidden text" utilizing SHPR’s name or trademarks without the express written consent of SHPR. You may not misuse the Fliteworks Services. You may use the Fliteworks Services only as permitted by law. The licenses granted by SHPR terminate if you do not comply with these Terms of Use or any Service Terms.        

YOUR ACCOUNT

You may need your own Fliteworks or SHPR account to use certain Fliteworks Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Please contact help@fliteworks.com for assistance with updating your payment methods. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Fliteworks products are intended for enterprise use and are not directed towards children. If you are under 18, you may use the Fliteworks Services only with involvement of a parent or guardian. SHPR reserves the right to refuse service, terminate accounts, terminate your rights to use Fliteworks Services, remove or edit content in its sole discretion.        

INTELLECTUAL PROPERTY COMPLAINTS

SHPR respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact help@fliteworks.com.         

REFUNDS

Fliteworks Services are non-refundable. However, at our discretion, we may choose to issue one-time refunds for specific circumstances. If you have questions about your services or would like to request a refund, please contact help@fliteworks.com.                 

SANCTIONS AND EXPORT POLICY

You may not use any Fliteworks Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Fliteworks Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Fliteworks Software), technology, and services.

OTHER BUSINESSES

We may provide links to sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from SHPR. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals (including the content of their Web sites). SHPR does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms of use.         

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE FLITEWORKS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLITEWORKS SERVICES ARE PROVIDED BY SHPR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHPR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FLITEWORKS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLITEWORKS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FLITEWORKS SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SHPR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHPR DOES NOT WARRANT THAT THE FLITEWORKS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FLITEWORKS SERVICES, SHPR’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SHPR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SHPR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FLITEWORKS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FLITEWORKS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.        

DISPUTES

Any dispute or claim relating in any way to your use of any Fliteworks Service, or to any products or services sold or distributed by SHPR or through fliteworks.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent HARVARD BUSINESS SERVICES, INC., 16192 COASTAL HIGHWAY, LEWES, DELAWARE 19958-9776. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Fliteworks Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SHPR.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of Fliteworks Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.        

OUR ADDRESS

SHPR CO.        

HARVARD BUSINESS SERVICES, INC.
16192 COASTAL HIGHWAY,
LEWES, DELAWARE 19958-9776

https://fliteworks.com

ADDITIONAL FLITEWORKS SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Fliteworks Services (the "Fliteworks Software").

        

  1. Use of the Fliteworks Software. You may use Fliteworks Software solely for purposes of enabling you to use the Fliteworks Services as provided by SHPR, and as permitted by these Terms of Use and any Service Terms. You may not incorporate any portion of the Fliteworks Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Fliteworks Software in whole or in part. All software used in any Fliteworks Service is the property of SHPR or its software suppliers and is protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the Fliteworks Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Fliteworks Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the Fliteworks Software at any time and without notice to you.
  5. Government End Users. If you are a U.S. Government end user, we are licensing the Fliteworks Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Fliteworks Software are the same as the rights we grant to all others under these Terms of Use.
  6. Conflicts. In the event of any conflict between these Terms of Use and any other SHPR or third-party terms applicable to any portion of Fliteworks Software, such as open-source license terms, such other terms will control as to that portion of the Fliteworks Software and to the extent of the conflict.                 

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

SHPR accepts service of subpoenas or other legal process only through SHPR’s national registered agent, HARVARD BUSINESS SERVICES, INC. Subpoenas or other legal process may be served by sending them to CSC at the following address:

SHPR CO.
HARVARD BUSINESS SERVICES, INC.
16192 COASTAL HIGHWAY,
LEWES, DELAWARE 19958-9776
Attn: Legal Department – Legal Process

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for SHPR devices; and IP address and complete time stamps.                 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint to help@fliteworks.com. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

Written claims concerning copyright infringement must include the following information:                 

Last revised December 2, 2022.