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Thank you for using Screensaver.FlightView.com (the "Site"),
which is provided by RLM Software, Inc. ("RLM"). This
Site is offered to you, the user, conditioned on your acceptance
without modification of these Terms of Use. Your use of this Site
constitutes your agreement to the Terms of Use. RLM may, in its
sole discretion, modify or revise these Terms at any time by updating
its Terms of Use policy. You are bound by any such modification
or revision and should therefore visit our Terms of Use policy frequently
to review the Terms.
Section 1. Use of Material
a. This Site including the flight tracking data ("FlightView
Data") is for your personal and non-commercial use.
b. As a condition of your use of this Site, you warrant to RLM that
you will not use this Site or the FlightView Data for any purpose
that is unlawful or prohibited by these Terms of Use.
c. All contents of this Site are: Copyright © 2003 RLM Software,
Inc. and/or its suppliers. You may not reproduce, copy or redistribute
the design, content or layout of the Site, FlightView Data or graphics,
individual elements of the Web site design, RLM logos or other logos
appearing on this Site, photographs, and graphics, without the express
written permission of RLM. RLM, FlightView and the names of RLM
products and/or services referenced herein are trademarks or registered
trademarks of RLM. All other company, product or service names referenced
in this Site are used for identification purposes only and may be
trademarks or service marks of their respective owners. You may
download a copy of the materials on a single computer for personal,
non-commercial use. This right is contingent upon your agreement
not to remove any copyright, trademark, or other proprietary notices
from the materials downloaded. The use of the materials downloaded
on any other website or in a networked computer environment for
any purpose are expressly prohibited.
If you would like information about obtaining the Company's permission
to use any of the Material on your Web site, us.
If you violate any of these Terms, your permission to use the Material
automatically terminates and you must immediately destroy any copies
you have made of the material.
Section 2. Liability Disclaimer
THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE
INCLUDING FLIGHTVIEW DATA MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
RLM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THIS SITE AT ANY TIME.
ALL MATERIALS ON THIS SITE, INCLUDING ALL FLIGHTVIEW DATA, MAY INCLUDE
INACCURACIES, TOPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION
AND THEREFORE THE USE OF THIS WEBSITE AND THE MATERIALS ON IT, INCLUDING
THE FLIGHTVIEW DATA, IS AT YOUR OWN RISK. RLM AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION,
PRODUCTS AND SERVICES CONTAINED ON OR OBTAINED THROUGH THIS SITE
FOR ANY PURPOSE, OR THE RESULTS THAT MAY BE OBTAINED FROM USING
THE SITE AND/OR FLIGHTVIEW DATA. ALL SUCH INFORMATION, PRODUCTS
AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. RLM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS AND SERVICES,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN
NO EVENT SHALL RLM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE
AND/OR FLIGHTVIEW DATA OR WITH THE DELAY OF OR INABILITY TO USE
THIS SITE AND/OR FLIGHTVIEW DATA, OR FOR ANY INFORMATION, PRODUCTS
AND SERVICES OBTAINED THROUGH THIS SITE AND/OR FLIGHTVIEW DATA OR
OTHERWISE ARISING OUT OF THE USE OF THIS SITE OR THE FLIGHTVIEW
DATA, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF RLM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Section 3. Links to Other Sites
This Site may contain hyperlinks to Web sites operated by
parties other than RLM. Such hyperlinks are provided for your reference
only. RLM does not control such Web sites and is not responsible
for their contents. RLM's inclusion of hyperlinks to such Web sites
does not imply any endorsement of the material on such Web sites
or any association with their operators. If you decide to access
third-party Web sites, you do so at your own risk.
Section 4. Indemnity
You agree to indemnify RLM from any and all claims, expenses, damages
and costs resulting from violations of the Terms of Use and /or
any online activity by you including but not limited to copyright
and trademark infringement.
Section 5. General
a. RLM is concerned with protecting your privacy. Please click
here to read the most recent published
privacy policy statement. This policy may be changed at any time,
with or without written notice. All changes to the privacy policy
will be posted on this Site.
b. RLM reserves the right to change the terms, conditions and notices
under which this Site is offered. RLM provides information on, accepts
advertising from, and provides links to third-party vendors. Offers
from these vendors that may be mentioned on the Site are often subject
to change at any time, and may have many additional restrictions
and limitations. Users of RLM's content agree to confirm all aspects
of third-party offers with the offering party, and to hold RLM harmless
for any circumstances that may arise from interactions with a third
party.
c. This agreement is governed by the laws of the Commonwealth of
Massachusetts, U.S.A., without regard to the conflicts of laws principles
thereof. You hereby consent to the exclusive jurisdiction and venue
of the Superior Court of Middlesex County, Massachusetts, and the
United States District Court of the District Court of Massachusetts,
in all disputes arising out of or relating to the use of this site
and/or Flightview Data. Use of this Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these
terms and conditions, including without limitation this paragraph.
d. You agree that no joint venture, partnership, employment or agency
relationship exists between you and RLM as a result of this agreement
or use of this Site or the FlightView Data.
e. RLM's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in
derogation of RLM's right to comply with law enforcement requests
or requirements relating to your use of this Site or information
provided to or gathered by RLM with respect to such use.
f. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement
shall continue in effect.
g. This agreement constitutes the entire agreement between the user
and RLM with respect to this Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral or written, between the user and RLM with respect to this Site.
A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
h. Any rights not expressly granted herein are reserved.
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