Effective Date: February 10, 2025
Last Updated: February 10, 2025
These Terms of Service ("Terms") govern your access to and use of the services provided by FlyDragon, Inc. ("FlyDragon," "we," "us," or "our"), including our website and any related services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.
1. Acceptance of Terms. By accessing or using the Services, you affirm that you are of legal age to enter into this agreement and have the authority to do so. If you are accessing or using the Services on behalf of an organization, including but not limited to a real estate agency or brokerage, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Acceptable Use. You agree to use our Services only for lawful purposes and in a manner that does not violate any applicable laws or regulations. You shall not:
Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
Impersonate or attempt to impersonate FlyDragon, a FlyDragon employee, or any other person or entity.
Engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.
Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services, through password mining or any other means.
Use the Services to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
Use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity.
Use the Services for any commercial purposes, such as advertising or soliciting other users, without the express written consent of FlyDragon.
3. Intellectual Property. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FlyDragon, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4. Disclaimers. FlyDragon provides its Services "as is" and without any warranties, express or implied. We do not guarantee that our Services will be uninterrupted or error-free. We disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy, including the accuracy of information provided by third parties, the availability of services, and the results obtained from using the services. FlyDragon does not guarantee the accuracy, completeness, or responsiveness of the leads generated through its Services. Clients are solely responsible for verifying the information provided in the leads and for using the leads in a lawful and ethical manner.
5. Limitation of Liability. To the fullest extent permitted by applicable law, in no event will FlyDragon be liable for any damages of any kind arising from the use of or inability to use the Services, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not FlyDragon has been advised of the possibility of such damages.
6. Indemnification. You agree to defend, indemnify, and hold harmless FlyDragon, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Services, including, but not limited to, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
7. Governing Law and Dispute Resolution. Governing Law: These Terms and any dispute arising out of or related to these Terms or the Site will be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of laws principles. Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including any claim based on alleged tort, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Concord, Merrimack County, or Manchester, Hillsborough County, New Hampshire. The arbitrator shall be selected in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in accordance with the laws of the State of New Hampshire. To the extent permissible, the arbitration proceedings shall be confidential. Judgment on the arbitrator's award may be entered in any court having jurisdiction in the State of New Hampshire and may be appealed only on grounds of manifest disregard of the law or other limited grounds as permitted by applicable law. The Parties agree that arbitration shall be the sole and exclusive means of resolving any dispute, claim, or controversy arising out of or relating to this Agreement. Waiver of Jury Trial: FOR ALL DISPUTES, THE COMPANY AND YOU HERETO IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
8. Termination and Suspension. FlyDragon may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. FlyDragon may also terminate or suspend your access to the Services for breach of these Terms, violation of applicable laws or regulations, or non-payment of fees. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Entire Agreement. These Terms constitute the entire agreement between you and FlyDragon relating to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FlyDragon with respect to the Services.
10. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
11. Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FlyDragon's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12. International Data Transfers. FlyDragon may transfer Personal Information to countries outside of the European Economic Area (EEA), including the United Kingdom, in accordance with applicable data protection laws. We will ensure that any such transfers are subject to appropriate safeguards, such as Standard Contractual Clauses or other mechanisms approved by the relevant authorities, to protect your Personal Information.
13. Client Responsibilities. Clients are responsible for:
Using the leads provided by FlyDragon in compliance with all applicable laws and regulations, including data privacy laws, anti-spam laws, and telemarketing regulations.
Obtaining any necessary consents or permissions for using data obtained through FlyDragon's services.
Managing the leads in their own CRM systems and complying with data retention and disposal requirements.
Providing accurate and complete information to FlyDragon for website development and lead generation purposes.
Reviewing and approving website content and design before publication.
14. Website Development. FlyDragon will develop websites or pages for clients according to the specifications and requirements provided by the client.
Clients are responsible for providing content, branding elements, and any necessary approvals for website development.
FlyDragon retains ownership of the website and its content, even if developed specifically for a client. However, clients are granted a non-exclusive, non-transferable license to use the website and its content for their business purposes during the term of their agreement with FlyDragon.
FlyDragon may provide website maintenance, updates, and technical support as agreed upon with the client.
15. Contact Us. If you have any questions about these Terms of Service, please contact us at hello@goflydragon.com.