Take Flight Marketing LLC Terms of Use
Last Modified: August 11, 2020
1. Acceptance of the Terms of Use
These terms of use are entered into by and between you and Take Flight Marketing LLC
("Company," "we," or "us"). The following terms and conditions, together with any documents
they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to
and use of https://takeflightmarketing.co/ (the "Website"), including any content and
functionality offered on or through the Website.
By using the Website, you accept and agree to be bound and abide by these Terms of Use and
our Privacy Policy found at takeflightmarketing.co/privacy-policy . If you do not want to agree
to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 16 years of age or older and reside in the
United States. By using this Website, you represent and warrant that you are at least 16 years
old and live in the United States. If you do not meet these requirements, you must not access or
use the Website.
2. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All
changes are effective immediately when we post them, and apply to all access to and use of the
Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that
you accept and agree to the changes. You should check this page from time to time so you are
aware of any changes.
3. Accessing the Website and Account Security
Although we will use reasonable efforts to make the Website available on a regular basis, we
reserve the right to withdraw or amend this Website or any of its contents, and any service or
material we provide on the Website, in our sole discretion without notice. We will not be liable
if all or any part of the Website is unavailable at any time or for any period. From time to time,
we may restrict access to some parts of the Website, or the entire Website.
It is a condition of your use of the Website that all the information you provide on the Website
is correct, current, and complete. You agree that all information you provide is governed by our
Privacy Policy takeflightmarketing.co/privacy-policy, and you consent to all actions we take with
respect to your information consistent with our Privacy Policy.
4. Intellectual Property Rights
The Website and its 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 the Company or its licensors and are protected by United
States and international copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the material on our Website, except as
may be necessary to access and view those materials, or as we may otherwise agree in writing.
You may not:
● Modify copies of any materials from the Website.
● Delete or alter any copyright, trademark, or other proprietary rights notices from copies
of materials from this site.
If you wish to make any use of material on the Website other than as set out in this section,
please address your request to: hello@takeflightmarketing.co.
If you breach these Terms of Use, your right to use the Website will stop immediately and you
must, at our option, return or destroy any copies of the materials you have made. No right,
title, or interest in or to the Website or any content on the Website is transferred to you, and
all rights not expressly granted are reserved by the Company. Any use of the Website not
expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark, and other laws.
5. Trademarks; Affiliation with Company
The Company name, the TAKE FLIGHT MARKETING trademark, and all related names, logos,
product, and service names, designs, graphics, and slogans are intellectual property owned by
the Company or its licensors. You may not use such intellectual property without the prior
written permission of the Company.
You are prohibited from stating or suggesting that you are affiliated with or endorsed by
Company without the prior written permission of the Company.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use.
Without limiting the foregoing, you agree not to:
● Use the Website in any way that violates any applicable law or regulation.
● Use the Website to engage in any conduct that restricts or inhibits anyone's use or
enjoyment of the Website, or which, as determined by us, may harm the Company or
users of the Website, or expose them to liability.
● Use the Website in any manner that could disable, overburden, damage, or impair the
Website or interfere with any other party's use of the Website, including their ability to
engage in real-time activities through the Website.
● Use any robot, spider, or other automatic device or process to access the Website for
any purpose, including monitoring or copying any of the material on the Website.
● Use any manual process to monitor or copy any of the material on the Website, or for
any other purpose not expressly authorized in these Terms of Use, without our prior
written consent.
● Use any device, software, or routine that interferes with the proper working of the
Website.
● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of
the Website, the server on which the Website is stored, or any server, computer, or
database connected to the Website.
● Attack the Website via a denial-of-service attack or a distributed denial-of-service
attack.
● Otherwise attempt to interfere with the proper working of the Website.
7. Monitoring and Enforcement; Termination
We have the right to:
● Take appropriate legal action, including without limitation, referral to law enforcement,
for any illegal or unauthorized use of the Website.
● Terminate or suspend your access to all or part of the Website for any or no reason,
including without limitation any violation of these Terms of Use.
Complaints concerning content posted or shared to the Website may be sent to
hello@takeflightmarketing.co.
8. Reliance on Information Posted
The information presented on or through the Website is made available solely for general
information purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any reliance you place on such information is strictly at your own risk.
9. Changes to the Website
We may update the content on this Website from time to time, but its content is not
necessarily complete or up-to-date. Any of the material on the Website may be out of date at
any given time, and we are under no obligation to update such material.
If you provide suggestions or other feedback regarding the Website, we may use and share such
feedback for any purpose without compensation or credit to you.
10. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy
takeflightmarketing.co/privacy-policy. By using the Website, you consent to all actions taken by
us with respect to your information in compliance with the Privacy Policy.
11. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links
are provided for your convenience only. We have no control over the contents of those sites or
resources, and accept no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third-party websites linked from this
Website, you do so entirely at your own risk and subject to the terms and conditions of use for
such websites.
12. Geographic Restrictions
The owner of the Website is based in the United States. We provide this Website for use only
by persons located in the United States. We make no claims that the Website or any of its
content is accessible or appropriate outside of the United States. If you access the Website
from outside the United States, you do so on your own initiative and are responsible for
compliance with local laws.
13. Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE IS AT YOUR OWN RISK. THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY
WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,
RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES,
OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS,
MANAGERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE
WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
15. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and
service providers, and its and their respective officers, members, managers, directors,
employees, contractors, agents, licensors, suppliers, successors, and assigns 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 violation of these Terms of Use or
your use of the Website, including any use of the Website's content, services, and products
other than as expressly authorized in these Terms of Use, or your use of any information
obtained from the Website.
16. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes or claims), will
be governed by and construed in accordance with the internal laws of the State of Oregon
without giving effect to any choice or conflict of law provision or rule (whether of the State of
Oregon or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the
Website shall be instituted exclusively in the federal courts of the United States or the courts of
the State of Oregon, in each case located in Multnomah County. You waive any and all
objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be
deemed a further or continuing waiver of such term or condition or a waiver of any other term
or condition, and any failure of the Company to assert a right or provision under these Terms of
Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the Terms of
Use will continue in full force and effect.
18. Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between
you and Take Flight Marketing LLC regarding the Website and supersede all prior and
contemporaneous understandings, agreements, representations, and warranties, both written
and oral, regarding the Website. If you have any questions or would like to request additional
information, you may contact us at hello@takeflightmarketing.co.