TERMS OF USE
(Rev. April 18, 2022)
This Terms of Use agreement is made by and between Flyer Defense, LLC, a Delaware limited liability company with offices at 151 W 135th Street, Los Angeles, CA 90061 USA (“Flyer,” “We” or “Us”), and you, the user (“You”).
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR ANY FLYERDEFENSE.COM OR FLYERLOGISTICS.COM SERVICES OR CONTENT (COLLECTIVELY “SERVICE”), YOU AFFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. FLYER RESERVES THE RIGHT TO CHANGE THE TERMS OF USE AT ANY TIME AND WITHOUT NOTICE TO YOU.
1. Agreement. This Terms of Use agreement (“Agreement”) specifies the terms and conditions for access to and use of www.flyerdefense.com and www.flyerlogistics.com (individually the “Site” and collectively the “Sites”) and describes the terms and conditions applicable to your access of and use of the Sites. This Agreement may be modified at any time by Flyer upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://www.flyerdefense.com/terms-of-use. Each use by You of our Sites shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy. Your visit to our Sites is also governed by our Privacy Policy. Please review our Privacy Policy at https://www.flyerdefense.com/privacy-policy.
3. Ownership. All content included on this site is and shall continue to be the property of Flyer or its content suppliers and is protected under applicable copyright, patent, trademark, and/or other proprietary rights laws. Any copying, redistribution, use or publication by You of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will You acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. Our Sites are intended for adults only. This Site is not intended for any children under the age of 13.
5. Trademarks. Flyer, The Flyer, Flyer 60, Flyer 72, Flyer Defense, and others are either trademarks or registered trademarks of Flyer or its affiliates. Other product and company names mentioned on our Sites may be trademarks of their respective owners.
6. Site Use. Flyer grants You a limited, revocable, nonexclusive license to use our Sites solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Sites, reverse engineer or break into the Sites, or use materials, products or services provided by the Sites in violation of any law. Your use of our Sites is at the discretion of Flyer, and Flyer may terminate your use of our Sites at any time.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that any information voluntarily provided by You is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend and hold Flyer and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. FLYER DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FLYER BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR SITES, YOUR USE OF OUR SITES, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH EITHER SITE AND/OR ITS CONTENT IS TO CEASE USING THE SITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to You, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to You.
11. Use of Information. Flyer reserves the right, and You authorize Us, to use and assign all information regarding your use of our Sites and all information provided by You in any manner consistent with our Privacy Policy.
12. Copyrights and Copyright Agent. If You believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the material that You claim is infringing is located on the Site;
- Your address, telephone number, and e-mail 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; and
- 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.
Our Copyright Agent for notice of claims of copyright infringement on the Sites is Steven Markowitz, Esq., who can be reached as follows:
By Mail: ATTN: Steven Markowitz, Esq.
Flyer Defense, LLC
151 W 135th Street
Los Angeles, CA 90061
By Phone: +1 (310) 324-5650
By E-mail: flyer@flyerdefense.com
13. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between You and Flyer or its affiliates.
14. Severability. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
15. Waiver. The failure of Flyer to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Flyer must be in writing and signed by an authorized representative of Flyer.
16. Termination. Flyer may terminate this Agreement at any time, with or without notice, for any reason.
17. Relationship of the Parties. Nothing contained in this Agreement or your use of the Sites shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
18. Entire Agreement. This Agreement constitutes the entire agreement between You and Flyer, governs the terms and conditions of your use of the Sites, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Flyer with respect to the Sites. Notwithstanding the foregoing, You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when You use the Sites. Flyer may revise this Terms of Use at any time by updating this Agreement and posting it on the Sites. Accordingly, You should visit the Sites and review the Terms of Use periodically to determine if any changes have been made. Your continued use of either Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
19. Contact Information.
If You have any questions regarding this Agreement, please contact Us using the information below:
By Mail: Flyer Defense, LLC
151 W 135th Street
Los Angeles, CA 90061
By Phone: +1 (310) 324-5650
By E-mail: flyer@flyerdefense.com