Welcome to Exploryn.com, operated by FlywithCo, LLC, located at - 3003 Lawrence Drive, Falls Church, VA – 22042 ("Exploryn.com", "Exploryn", the "Website", "we" or "our").
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by Exploryn.com from time to time, such modifications to be effective upon posting by Exploryn.com on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age. By using the Websites, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a "Subscribing Entity"), you represent and warrant that:
Illegal and/or unauthorized uses of the Websites include, but are not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of Exploryn.com, which may be revoked at any time, for any reason, in Exploryn's sole discretion.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Exploryn.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Exploryn.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Exploryn.com account.
You hereby represent and warrant to Exploryn.com as follows:
Exploryn.com reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
You may become a free Member of the Service at no cost. As a free Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you must become a member of the Service.
Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Websites and/or Service.
This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership by contacting us at email@example.com. If you resign or cancel your membership to Exploryn.com, to help Exploryn.com analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Exploryn.com may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Exploryn.com. All decisions regarding the termination of accounts shall be made in the sole discretion of Exploryn.com. Exploryn.com is not required to provide you notice prior to terminating your membership. Exploryn.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Exploryn.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Exploryn.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Exploryn.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Exploryn.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Exploryn.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Exploryn.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In order to protect the integrity of the Services, Exploryn.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.
You agree that Exploryn.com must confirm your identity in order for you to make purchases on the Websites and/or Service. Exploryn.com will make every reasonable effort to confirm your identity using social media tokens (including, without limitation, Facebook and Twitter tokens) (collectively, the "Social Media Tokens"). If such Social Media Tokens fail to confirm your identity to the extent necessary, you agree that Exploryn.com will make every reasonable effort to confirm your identity using personally identifiable information including, without limitation, your first name, middle name, last name, date of birth, and other personally identifiable information (collectively, the "Personal Information"). If such Personal Information fails to confirm your identity to the extent necessary, you agree to provide all requested information, including without limitation passports and other government-issued IDs (collectively, the "Identification Documents"). You agree and affirm that you will not be able to make purchases on the Websites and/or Service unless and until your identity has been confirmed by Exploryn.com, and you agree to provide all information requested to effect such confirmation. You affirm and agree that Exploryn.com will, where necessary, use identity verification services in order to confirm your identity, and you agree to cooperate with such services, including without limitation providing any requested information and/or documents. Exploryn.com reserves the right to cancel your Membership and/or refuse you access to the Websites and/or Service if you refuse to provide information and/or Identification Documents necessary to confirm your identity. Exploryn.com uses encryption and other security measures to protect information you provide, including any Identification Documents, and will destroy such information as soon as possible.
Exploryn.com retains all proprietary rights in the Websitesand the Service. The Websites contain the copyrighted material, trademarks, and other proprietary information of Exploryn.com, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Exploryn.com is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Exploryn.com and for Exploryn.com Members' use only. Distribution of Content to others is strictly prohibited. You agree that Exploryn.com would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Exploryn.com shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
Any Content other than Your Content is the property of the relevant person or entity that uploaded it (the "Uploader"), and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
You acknowledge that Exploryn.com contains certain Content that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Exploryn.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
Exploryn.com prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, if you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please contact us at firstname.lastname@example.org or Exploryn.com, Legal Department, 3003 Lawrence Drive, Falls Church, VA – 22042. When contacting us, please make sure that you include the following information:
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:
The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email at email@example.com.
Exploryn.com will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
You hereby acknowledge and agree that Exploryn.com (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, Exploryn.com excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
Exploryn.com and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Exploryn.com or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Exploryn.com at its sole discretion.
In no event shall Exploryn.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from Exploryn.com or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and the services provided by employees and/or contractors of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Exploryn.com makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of this Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL Exploryn.COM, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF Exploryn.COM HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL Exploryn.COM HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, LOST OR MISPLACED PROPERTIES, MEDICAL EMERGENCIES, DAMAGES CAUSED BY TRAVEL COMPANIONS, AIRLINES, OR AIRPORTS, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF Exploryn.COM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Exploryn.com and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Exploryn.com during the six months prior to notice to Exploryn.com of the dispute for which the remedy is sought.
You agree to indemnify and hold Exploryn.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
In the event that Exploryn.com is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Exploryn.com's attorneys' fees and costs.
Some of the Content on this Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE Exploryn.COM THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Virginia, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Virginia, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Virginiawith the same force and effect as if such service had been made within the State of Virginia. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Virginia, County of Fairfax, or the United States District Court for theFairfax County. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Virginia, County of Fairfax, or the United States District Court for the Fairfax County.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
This Agreement contains the entire agreement between you and Exploryn.com regarding the use of the Websites and/or the Service.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Exploryn.com's failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Exploryn.com's ability to enforce such term at any point in the future.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement. Explorynis a trademark of ExplorynLLC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.