FRICTIONLESS LLC

TERMS OF USE

 

THESE TERMS OF USE (“TERMS OF USE”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF all websites, services, relateD software AND CONTENT (as the term content is defined below) (collectively, the “Services”), operated by Frictionless LLC (“we” or “US” or “Our”). BY ACCESSING OR USING THE SERVICES (OR ANY PORTION THEREOF), YOU ARE ACCEPTING THESE TERMS OF USE. YOU MAY NOT ACCESS THE SERVICES OR ACCEPT THESE TERMS OF USE IF you are NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THE SERVICES (OR ANY PORTION THEREOF).

 

We reserve the right to change these Terms of Use at any time by posting a new (OR AMENDED) Terms of Use at https://app.frictionlessguest.com/common/legal/terms.aspx. You are responsible for periodically checking https://app.frictionlessguest.com/common/legal/terms.aspx for changes.

 

ACCOUNTS

 

Account Creation. In order to use certain features of the Services, you may be required to register for an account and provide certain information about yourself as prompted by the registration form. You agree and confirm that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.

 

Account Responsibilities. 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. We will not be liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge. However, you could be held liable for losses incurred by Us or any other party due to someone else using your account or password. You may not use anyone else's account.

 

USE OF THE SERVICES

 

License. Subject to these Terms of Use, We grant to you a non-transferable, non-exclusive, license to use the Services for your personal, noncommercial use.

 

Certain Restrictions. The limited license granted to you is subject to the following restrictions: (a) you may not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you may not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you may not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

 

Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice. You agree that We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (or any portion thereof).

 

Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services are owned by Us or our licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our licensors reserve all rights not granted in these Terms of Use.

 

CONTENT

 

Use of Content from the Services. In addition to the above provisions in the section entitled “Licensing of the Services”, the following shall also apply: all materials found on, or provided through, the Services including, but not limited to, posts, listings, images, illustrations (collectively, the "Content") are protected by copyright, and owned or controlled by Us or our licensors. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Services without the prior written consent of Us. You may, however, download or make a copy of limited and discrete portions of the Content, and other downloadable items displayed on via the Services, for personal, non-commercial home use only, provided all copyright and other notices contained in the Contents are left intact.

 

User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You must ensure that your User Content abides by the following guidelines:

·  Do not post threatening, harassing, defamatory, or libelous material.

·  Do not intentionally make false or misleading statements.

·  Do not offer to sell or buy any product or service.

·  Do not post material that infringes copyright or trademark law.

·  Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.

·  Do not state or imply that your User Content is any way provided, sponsored or endorsed by Us.

Because you alone are responsible for your User Content (and not Us), you may expose yourself to liability if, for example, your User Content violates the above guidelines. While We are not responsible for any User Content, We do, however, reserve the right to remove, move, or delete comments that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

 

Content Disclaimer. The Content contains facts, views, opinions, statements, and recommendations of third-party individuals and organizations. We do not represent or endorse the accuracy, currentness, or reliability of any advice, opinion, statement, or other information displayed, uploaded or distributed through the Services. You acknowledge that any reliance on any such opinion, advice, statement, or information will be at your sole risk.

 

Third-Party Content. We incorporate third-party content into our Services, including Google Maps and Google Place. By using the Services you agree to be bound by Google’s Terms of Use as it relates to Google’s content.

Feedback. Any information, feedback, questions, comments or the like that you provide to Us (“Submissions”) are provided to Us on a non-confidential and non- proprietary basis and will become and remain Our property. We have no obligations of any kind with respect to any Submissions and will be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. We will also be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without any payment obligation to any party.

 

Third Party Links. The Services may provide links to other websites or online services not within Our control (each a “Linked Resource”). We have no discretion to alter, update, or control the content on a Linked Resource, and are not responsible if any Linked Resource is not working appropriately. We provide these links as a convenience only, and Our provision of a link to a Linked Resource is not an endorsement, sponsorship, or affiliation with respect to such Linked Resource. There are inherent risks in using, retrieving, or relying upon any information found on the internet, and You accept these risks when You use, retrieve, or rely upon any such information from a Linked Resource. You acknowledge and agree that We are not responsible for the availability of Linked Resources, and are not responsible or liable for any content, advertising, products or other materials on or available from such Linked Resources. We will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or incurred in connection with use of or reliance on any such content, goods or services available on or through any Linked Resource.

 

Advertising. We may display advertisements and promotions from third parties through the Services. Your correspondence or business dealings with, or participation in promotions of such third parties, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

 

Copyright Infringement. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on (or via) the Services in a way that constitutes copyright infringement, please contact us at the address below to report possible copyright infringement. Please see 17 U.S.C. §512(c)(3)for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

GENERAL

 

Termination. You may terminate your account at any time by sending an e-mail to guest.support@frictionlessguest.com. We may, in our sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach of these Terms of Use.

 

Indemnification. You agree to indemnify Us, our officers, directors, employees, successors, assigns, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys’ fees) arising out of or relating to (a) your breach or alleged breach of these Terms of Use, (b) your usage of the Services, and/or (c) for any Content that is provided by you or through your account. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defenses and control of any matter otherwise subject to indemnification by you.

 

General Disclaimer. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. WE DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES.

 

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH USE OF THE SERVICES.

 

Privacy and Personal Information. You consent to the collection, processing and storage by Us of your personal information in accordance with the terms of Our Privacy Policy, a current copy of which may be found at https://app.frictionlessguest.com/common/legal/privacy.aspx.

 

Governing Law. These Term of Use are governed by the laws of the State of Maryland, excluding any body of law governing conflicts of law. You hereby irrevocably waive any objection on the grounds of venue, forum non- conveniens or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and submit to the jurisdiction of the courts located in Howard County, Maryland for any claims arising from or related to these Terms of Use and/or your use of the Services. You and We hereby waive all rights to a trial by jury in any matter related to or arising from these Terms of Use. You shall pay to Us all fees (including reasonable lawyers’ fees and costs) and related expenses expended or incurred by Us in the enforcement of Our rights hereunder.

 

Waiver and Severability. Any express waiver or failure to exercise promptly any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms of Use is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms of Use will remain in full force and effect.

 

Contacting Us. If you have any questions, comments, or concerns about these Terms of Use and/or your usage of the Services, please email us at guest.support@frictionlessguest.com or contact us at the address below.

Postal Mail Address:

Frictionless LLC
Attn: Support
P.O. Box 610
Highland, MD 20777

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Updated: 22 July 2013