Terms of Service

FlightCaster

Terms of Use Agreement

FlightCaster Inc., a Delaware company, (“Company”) provides this website and associated mobile applications (the “Site”) and the services described herein (the “Services”) to enable our customers to track airline flight delay information. It may be used for informational purposes only.

This page states the Terms of Use Agreement (“Agreement”) under which you may use the Site. Please read this page carefully. By using this Site and our Services, you agree to be bound by this Agreement, whether you simply browse the Site or you become a registered customer. If you do not accept this Agreement, please do not use this Site. If you wish to register on the Site, you must read this Agreement and indicate your acceptance during the registration process.

User Eligibility

By registering for the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your account may be terminated without warning if we believe that you are less than 18 years of age.

Limited License

Subject to the terms and conditions set forth in this Agreement, Company grants you a non-exclusive, non-transferable, limited right to access, download, and use this Site and the information therein (“Materials”) for your personal, non-commercial use. You may not modify, display, distribute, sell, or otherwise use the Site or the Materials in any way for any public or commercial purpose. The above authorization is neither a transfer of title in the Materials or copies thereof nor the grant of an express or implied right in any patents, trademarks, copyrights or trade secret information. The above authorization is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is protected by copyright, trademark, and other intellectual property laws and treaty provisions. You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.

Third Party Sites

As a convenience to you, Company may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Company makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Company or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Company or any of its affiliates or subsidiaries.

External Links to the Site

All links to the Site must be approved in writing by Company, except that Company consents to links in which: (i) the link is a text-only link containing only the name "Company"; (ii) the link "points" only to www.flightcaster.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Company nor be such as to damage or dilute the goodwill associated with the name and trademarks of Company or its Affiliates. Company reserves the right to revoke this consent to link at any time in its sole discretion.

Changes

Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site and Services after any changes to this Agreement are posted will be considered acceptance of those changes. Company may terminate, change, suspend or discontinue any aspect of the Company Site, including the availability of any features of the Site, at any time. Company may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Company may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

Limitation of Liability

IN NO EVENT SHALL COMPANY OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer of Warranties

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. COMPANY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

COMPANY DOES NOT WARRANT THAT (I) THE SITE WILL OPERATE ERROR-FREE (II) THE SITE AND ITS WEB SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS OR OTHER HARMFUL MATERIAL (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH COMPANY WILL MEET YOUR EXPECTATIONS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT, DATA, AND SUBMITTED CONTENT, COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

THIS SITE AND MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, TEXT, GRAPHICS, AND LINKS OR THE RESULTS OBTAINED FROM USE OF THE SITE OR MATERIALS. COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations of Claims

Any cause of action you may have with respect to your use of the Site must be commenced within one (1) month after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Governing Law

This Site is controlled, operated and administered by Company from its offices within the United States of America. Company makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions are governed by the substantive laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Delaware with respect to any dispute, disagreement, or cause of action related to or involving this Site. 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 of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on the Site, this Agreement constitute the entire agreement between you and Company with respect to your use of the Site and our Services.

Contacting Us

If you have any questions about this policy, please contact us at info@flightcaster.com.

Changes to this Policy

Please check this privacy policy periodically to inform yourself of any changes. Although we reserve the right to modify or supplement this privacy policy, we will provide notice to you on this Web site of any major changes for at least 30 days following the change.