Welcome to ToucanList.com / Toucan List (hereinafter referred to as the “App” or “Application” or “we” or “us”). The App is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our App constitutes your agreement to all such Terms.
Our App is owned and operated by D Trans with its office located In Wrentham Ma. Our App provides a real estate platform through which users (hereinafter referred to as “You”, “Your”) can list their properties to let the other users view such listings and connect to real estate agents (collectively, the “Services”).
By using the App, you agree to comply with and be legally bound by the terms of Use. These Terms govern your access to and use of the App and Services and all Collective Content, and constitute a binding legal agreement between you and us.
Please read carefully these Terms and our Privacy Policy, which may be found at toucanlist.com/privacy_policy, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the App. Failure to use the App in accordance with these Terms may subject you to civil and criminal penalties.
All services and information displayed on our App constitutes an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below.
The use of this App constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions. We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the App.
This App reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the App fraudulently. This App reserves the right to initiate legal proceedings against such persons for fraudulent use of the App and any other unlawful acts or acts or omissions in breach of these terms and conditions.
PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
IN USING THIS APP YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE APP ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS APP, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1. DEFINITIONS AND INTERPRETATION:
1.1. "Agreement" means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the App and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
1.2. Toucan List means the online platform via which users can list their properties and connect to real estate agents.
1.3. “Account” means the accounts created by the users on our App in order to use the Services provided by us and require information such as name, email address, password, contact number etc.
1.4. “Content” means text, graphics, images, music, audio, video, information or other materials.
1.5. “User content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our App.
1.6. The official language of these terms shall be English.
1.7. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2. ELIGIBILITY OF MEMBERSHIP:
2.1. Use of the App is available only to persons who can form legally binding contracts under applicable law. If you are a minor i.e. under the age of 18 years you may use this App only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.
2.2. Our App reserves the right to terminate your membership and refuse to provide you with access to the App if we discover that you are under the age of 18 years. The App is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
2.3. Except where additional terms and conditions are provided which are service specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our App you agree to be bound by the Terms and Conditions.
3. REGISTRATION:
3.1. In order to avail our services you have the option to create an Account with us.
3.2. In order to register for an account with us (an "Account") you need to provide certain personal information such as name, email address, contact number and password.
3.3. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The App cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your App account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
3.4. You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
3.5. When creating an Account, don’t:
a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
b) Use a username that is the name of another person with the intent to impersonate that person;
c) Use a username that is subject to rights of another person without appropriate authorization; or
d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
3.6. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at flyingcessnas123@gmail.com(email address).
3.7. You may not transfer or sell your Toucan List account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
3.8. Our Services are not available to temporarily or indefinitely suspended members. Our App reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our App reserves the right to refuse service to anyone, for any reason, at any time.
3.9. One individual can own only one account in his/her name.
3.10. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our App’s policies as stated in the Agreement and the App policy documents published on the App as well as all other operating rules, policies and procedures that may be published from time to time on the App by Company.
4. SERVICES:
4.1. Our App is an online platform via which users can list their properties, add description and images in order to let the other users view the listing.
4.2. Our app lets the users to connect to real estate agents listed on our platform.
4.3. Our App uploads pictures of the services which it offers for sale on the App and also mentions the descriptions therein.
5. PROMOTIONS AND OFFERS
5.1. From time to time, we may conduct promotions through the App ("Promotions"). All users can participate in the promotional offers for the service of its choice available over the App.
5.2. The App shall provide various discounted and promotional offers for users from time to time.
5.3. Prices of the promotional and discounted service are validated at a later stage generally and the users shall be informed regarding the same.
6. PRICING AND PAYMENT
6.1. The users will have to make payment of the listing fees to list their properties on our App for a specific duration.
6.2. All prices are inclusive of taxes, duties and cesses as applicable - unless stated otherwise.
6.3. Payments referred to herein shall not be refundable under any circumstances.
6.4. Our App uses third party payment providers to receive payments from users. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
6.5. We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
6.6. Our App reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by user with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6.7. The users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
6.8. We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
7. COMMUNICATIONS
7.1. When you visit the App, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the App or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
8. ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:
8.1. Before placing an order, users are advised to check the service description carefully.
8.2. Charges displayed on the App include only the cost of the service.
8.3. Prices and availability of service are subject to change, without prior notice to users at our sole discretion.
8.4. Our App reserves the right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our App. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
8.5. You acknowledge and undertake that you are accessing the services on the App and transacting at your own risk and are using your best and prudent judgment before making any purchases through the App.
8.6. You acknowledge that the App reserves the right to remove any service from sales or refuse to sell any service listed now on the App. You shall not hold the App liable for the same.
9. YOU AGREE AND CONFIRM:
9.1. That you will use the services provided by our App, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the App and transacting on the App.
9.2. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our App and / or other affiliated Apps without prior intimation whatsoever.
9.3. That you are accessing the services available on this App and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this App.
9.4. You shall at all times ensure full compliance with the applicable provisions including, but not limited to taxes regarding your use of our service.
9.5. It is possible those other users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the App and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the App, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the App you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the App. Please carefully select the type of information that you publicly disclose or share with others on the App.
10. YOU MAY NOT USE THE APP FOR ANY OF THE FOLLOWING PURPOSES:
10.1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
10.2. Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
10.3. Interfering with any other person's use or enjoyment of the App.
10.4. Breaching any applicable laws;
10.5. Interfering or disrupting networks or web Apps connected to the App.
10.6. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
10.7. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our Apps, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Apps, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our App, services.
11. MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
11.1. We may at any time modify the Terms of Use of the App without any prior notification to you. You can access the latest version of the User Agreement at any given time on our App. You should regularly review the Terms & Conditions on our App. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this App.
12. REVIEWS, FEEDBACK, SUBMISSIONS:
12.1. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this App or otherwise disclosed, submitted or offered in connection with your use of this App (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
12.2. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the App will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the App will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
12.3. Our App does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the App. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
13. COPYRIGHT & TRADEMARK:
13.1. Our App, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this App. Access to this App does not confer and shall not be considered as conferring upon anyone any license under any of ToucanList.com * or any third party's intellectual property rights. All rights, including copyright, in this App are owned by or licensed to us or third-party suppliers. Any use of this App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our App. You cannot modify, distribute or re-post anything on this App for any purpose.
13.2. Toucan List* names and logos and all related product and service and our slogans are the trademarks or service marks of Toucan List. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this App. Access to this App does not authorize anyone to use any name, logo or mark in any manner.
13.3. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this App (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the App for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the App or any related software. All software used on this App is the property of our App or its suppliers and protected by laws of United States of America. The Contents and software on this App may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this App is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our App, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of United States of America. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this App is the exclusive property of our App and is also protected by laws of United States of America.
13.4. If you learn of any unlawful material or activity on our App, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b. identification of the copyrighted work claimed to have been infringed;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Your contact information, including your address, telephone number and an email address;
e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
13.5. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
13.6. Notices regarding our App should be sent to: flyingcessnas123@gmail.com (email address of our copyright agent to whom copyright infringement complaints can be filed).
14. INDEMNITY:
14.1. You agree to defend, indemnify and hold harmless our Company/App, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our App or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
15. TERMINATION:
15.1. We may, at any time and without notice, suspend, cancel, or terminate your right to use the App (or any portion of the App). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the App affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the App and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
15.2. Without limiting the foregoing, we may close, suspend or limit your access to our App:
if we determine that you have breached, or are acting in breach of, this Agreement;
if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
to manage any risk of loss to us, a User, or any other person; or
For other similar reasons.
15.3. If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
16. DISCLAIMERS AND LIMITATION OF LIABILITY:
16.1. The App is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the App.
16.2. The App provides content from other Internet Apps or resources and while our App tries to ensure that material included on the App is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the App. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our App, Services and tools;
Delays or disruptions in our App, Services, or tools;
Viruses or other malicious software obtained by accessing our App, Services, or tools or any App, Services, or tool linked to our App, Services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our App, Services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our App, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account; and
16.3. To the fullest extent permitted under applicable law, our App or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the App, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our App to you for all liabilities arising out of this USER AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THE VALUE OF THE SERVICE ORDERED BY YOU. Our App, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the App or that the operation of the App will be error free and/or uninterrupted. Consequently, our App assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App; and/or any interruption or errors in the operation of the App.
16.4. Our App periodically schedules system downtime for the Apps for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Apps; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Apps, any Internet service providers or otherwise.
17. GOVERNING LAWS AND JURISDICTION:
17.1. This User Agreement shall be construed in accord with the applicable laws of United States of America regardless of your physical location.
17.2. The Courts sitting in the state of Massachusetts, the United States of America have exclusive jurisdiction in any proceedings arising out of this agreement.
18. DISPUTE RESOLUTION:
18.1. Generally, transactions are conducted smoothly on our App. However there may be some cases where we and you may face issues. A 'Dispute' can be defined as a disagreement between you and us in connection with a transaction on the App.
18.2. If there is a dispute between the User and other User, the User understands and agrees that Company is under no obligation with respect thereto, and the User, to the fullest extent permitted by law, hereby releases Company and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with, any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company.
18.3. In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.4. The venue for arbitration shall be decided by the Company at the time of arbitration and the seat of Arbitration shall be in Massachusetts, the United States of America and the language used for arbitration shall be English.
18.5. The award of the arbitration shall be binding on both, you and us.
18.6. The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
19. APP SECURITY:
19.1. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this App or any activity being conducted on this App. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this App other than the search engine and search agents available from us on this App and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
20. PRIVACY:
20.1. All Personal Information and User Generated Content provided to or displayed on the App and Services are subject to our Privacy Statement.
21. NOTICE
21.1. By using the App and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App and Services.
21.2. You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
21.3. Notice will be deemed received and properly served immediately when posted on the App and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
For letters, the letter was properly addressed, stamped and placed in the post; and
For emails, the email was sent to the specified email address.
22. LEGAL COMPLIANCE
22.1. In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
22.2. You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the App are lawful. You must ensure that they comply with all applicable laws in United States of America and all other countries.
22.3. You should comply with country, state and federal regulations.
23. LINKS TO OTHER WEBSITE/APPS:
23.1. Links to third party Website/Apps on this App are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Website/Apps. We have not reviewed these third party Website/Apps and do not control and are not responsible for any of these Website/Apps or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Website/Apps linked to this App, you do this entirely at your own risks.
24. NO WAIVER IMPLIED:
24.1. The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
25. SEVERABILITY:
25.1. Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
26. ASSIGNMENT:
26.1. You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
26.2. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
27. FORCE MAJEURE:
27.1. We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(c) sabotage;
(d) accident;
(e) riot;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
28. DIGITAL SIGNATURE:
28.1. By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
28.2. In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the App, you give us permission to provide these records to you electronically instead of in paper form.
28.3. By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
28.4. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the App or by contacting Customer Support.
29. ENTIRE AGREEMENT:
29.1. These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
30. CONTACT US:
30.1. For any further clarification of out Terms and Conditions, please write to us at flyingcessnas123@gmail.com