Terms of Service
Soaring Away Unlimited, Inc. (“we”, “us”, “our”, “Soaring Away”) present the following terms and conditions, which govern your use of the Soaring Away Unlimited, Inc. (Website), and all content, services and products available at or through the Website, including but not limited to http://soaringaway.com.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree that you are bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer Soaring Away Unlimited, Inc. acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
If you operate an account, comment on an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, also known as “Content”), you are entirely responsible for that Content and any harm that may result from it. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software.
I. Your Account
If you create an account on the Website, you are responsible for maintaining the security of your account. You are responsible for all activities that occur under the account and any other actions taken in connection with the account. You must take reasonable steps to guard the security of your account. We will not be liable for any acts or omissions resulting from a breach of security, including any damages of any kind incurred as a result of such acts or omissions.
Payments to Soaring Away, for account services or for any other purpose, are refundable or transferable solely at Soaring Away’s discretion.
By using this Service, you agree to this account structure, and to Soaring Away’s right to change, modify, or discontinue any type of account or the features available to it at any time.
You agree to indemnify and hold harmless Soaring Away Unlimited, Inc., its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
We may terminate your access to all or any part of the Website at any time, at our sole discretion, if we believe that you have violated this Agreement. You agree that any termination of your access to the Website may involve removing or discarding any content you have provided. We may, at our sole discretion, discontinue providing the Website at any time, with or without notice.
If you wish to terminate this Agreement, you may delete your account and cease using the Website. You agree that, upon deletion of your account, we may, but are not required to, remove any content you have provided, at any time past the deletion of your account.
Paid accounts that are terminated for violations of this Agreement will only be refunded at our discretion, and only if such termination should come under our established criteria for issuing refunds.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
V. No Resale of Services
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement at any time. We will take reasonable steps to notify you of any substantial changes to this Agreement; however, it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
VII. Disclaimer of Warranties
This Website is provided “as is”. Soaring Away Unlimited, Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Soaring Away Unlimited, Inc. nor its suppliers and licensors, makes any warranty that the Website will be error free or that access to the Website will be continuous or uninterrupted. You agree that any interruptions to the service will not qualify for reimbursement or compensation. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
No advice or information, whether oral or written, obtained by you in any fashion shall create any warranty not expressly stated in this Agreement.
VIII. Limitation of Liability
You expressly understand and agree that in no event will Soaring Away Unlimited, Inc. or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; (iv) any statements or conduct of any third party on the service; or (v) any unauthorized access to or alterations of your Content. We shall have no liability for any failure or delay due to matters beyond our reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
IX. General Information
This Agreement constitutes the entire agreement between us and you concerning your use of the Website. This Agreement may only be modified by a written amendment signed by an authorized representative of Soaring Away Unlimited, Inc. or by the posting of a revised version to this location. Except to the extent that applicable law (if any) provides otherwise, any dispute arising between you and Soaring Away Unlimited, Inc regarding these Terms of Service and/or your use or access of the Website will be governed by the laws of the state of North Carolina and the federal laws of the United States of America, excluding any conflict of law provisions. You agree to submit to the jurisdiction of the state and federal courts located in Brunswick County, North Carolina for any disputes arising out of or relating to your use of the Website or your acceptance of this Agreement.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
X. Reporting Violations
Email Soaring Away Unlimited, Inc. at support(at)soaringaway.com
XI. Creative Commons
This Terms of Service document is based on one developed by Automattic (http://wordpress.com/tos/) and is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.
Last revised November 12, 2012