TERMS OF SERVICE for End User of FlightPath Academics Software Products

The following terms and conditions by FlightPath Academics a registered trade name of Liftoff Academics LLC, hereafter referred to as FlightPath Academics (“FlightPath Academics,” “FlightPath”, “FP”, "Jetstream CRM", "Jetstream", "the company", "the software", "the app", "Company", “we,” or “us”), apply to the SaaS web applications provided by FlightPath Academics to its clients, namely FlightPath and/or Jetstream, and any other related applications, online services and mobile applications provided by FlightPath Academics (collectively, the “Services”). These Terms of Service together with our Privacy Policy (collectively, this “Agreement”) govern your use of the Services.

The Agreement applies to any registered or a non-registered user of the Services (“User”, "Client", "you"), including a student, teacher, advisor, administrator, or any other related professional using the Services in connection with an educational institution or other organization ("Institution", "Organization").

BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE, YOU CANNOT USE THE SERVICES.

PLEASE SEE SECTIONS 9 AND 10 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR WEBSITES, SERVICES, TERMS OF SERVICE OR PRIVACY POLICY.

 

Contractual Obligations and Terms

If you are an institution who has signed a contract agreement with FlightPath Academics, please note that these terms do not override or replace the terms of your contract.  If there is ever an overlap or contradition of terms, the terms stated in your signed contract will be considered the prevailing term.

 

Third-Party Services, Interruptions, and Legal

The Services may contain links to or otherwise support connections to third-party websites or other online services that are not owned or controlled by FlightPath Academics. Portions of the Services may also be embedded within third party websites. FlightPath Academics is not responsible or liable for the content, policies, or practices of any third-party websites or online services. Please consult any applicable terms of use and privacy policies provided by the third party for such websites or online services.

FlightPath Academics may on occasion need to interrupt the Services with or without prior notice to protect the integrity or functionality of the Services. FlightPath Academics will not be liable for any interruption of the Services (whether intentional or not), and you will not be entitled to any refunds of fees or other compensation for an interruption of Services. Likewise, in the event of loss of any User Data, we will not be liable for any purported damage or harm arising therefrom.

PURSUANT TO THIS AGREEMENT, YOU WAIVE ANY RIGHTS TO BRING, AND AGREE NOT TO PARTICIPATE IN, ANY CLASS ACTION, CONSOLIDATED, MULTI-DISTRICT OR COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Unless both you and FlightPath Academics agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

You agree that this Agreement and the relationship between you and FlightPath Academics shall be governed by the laws of the United States without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.

FlightPath Academics’ Services are based in the United States. FlightPath Academics makes no representation that any aspect of the Services is appropriate or available for use outside of the United States. Those who access the Services from other locations are responsible for compliance with applicable local laws. The Services may be subject to applicable export laws and restrictions.

You may not assign this Agreement or your Account without the prior written consent of FlightPath Academics. You may not transfer or sublicense any licenses granted by FlightPath Academics in this Agreement without the prior written consent of FlightPath Academics.

FlightPath Academics may assign this Agreement (in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement) to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other change in control of our company to another entity. We will use reasonable efforts to notify you regarding any such change of ownership.

This Agreement (including anything incorporated by reference) sets forth the entire agreement and understanding between you and FlightPath Academics with respect to the subject matter hereof.

The section headings used herein, including descriptive summary sentences at the start of each section, is for convenience only and shall not affect the interpretation of this Agreement.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

No waiver of by us of any term or condition set out in this Agreement 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 by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

FlightPath Academics may provide notice to you and obtain consent from you (1) through the Services; (2) by electronic mail at the electronic mail address associated with your Account; and/or (3) by written mail communication to you at the address associated with your Account.

 

FERPA and Similar Privacy Laws

For the purposes of this agreement, FERPA refers to all laws, current and future (ex: CIPA, COPPA, etc), which pertain to the protection of student data in electronic systems. It is your responsibility to familiarize yourself with FERPA (and other legal) requirements prior to using Services.

Please direct all notices, questions or concerns regarding this Agreement or the Services to us at support@flightpathacademics.com.

 

1. INTRODUCTION

 

About The Services

The Services include User scheduling, reminders, to-do lists, advising and planning of student data, course registration, and other related features that can be used by Users and institutions. We are not responsible for content, information, guidance, or other materials that are provided to you through the Services by the institution, including responses to your questions or advice by educational professionals. Such information is provided to Users from an institution is pursuant to a separate student-advisor or other relationship directly between those parties.

 

Modifications to Terms of Service

This Agreement may be revised or updated by FlightPath Academics from time to time in its sole discretion. By continuing to access or use the Services after the effective date of any such change, you agree to be bound by the modified Agreement.

 

2. USE OF THE SERVICES AND YOUR ACCOUNT

 

Permitted Users

By accessing the Services, you agree that as a condition to accessing the Services, you may be asked to submit to account verification as reasonably required by FlightPath Academics, and provide only true and accurate identification documentation to FlightPath Academics (or its third party institutions) to verify your identity and other Account-related information.

By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and will abide by all of the terms and conditions herein.

 

Establishing an Account and Using the Services

Portions of the Services are viewable without registering with us, but to actively use the primary Services or have us process certain personal and student information, you will be required to register/log in for the Services (an “Account”) and affirmatively accept the terms of this Agreement, including the Privacy Policy.

Only one person may use each Account. Your institution will provide information regarding your Account.  Any discrepencies should be managed by directly contacting your institution.

 

Responsibility for Use of Account

You are responsible for all activities conducted through your Account. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) in connection with your Account, we may suspend or terminate your Account as described later in this document.

 

Selection and Use of Account Password

You are responsible for providing an Account password, maintaining its confidentiality, and any harm resulting from your disclosure of the password to any other person. At no time should you respond to an online request for a password other than the log-on process for the Services.  Your Account password and other identity may be managed by your institution in the form of single-sign-on (SSO)  technology.  You should contact your institution for assistance with changing your password credentials in this situation.

 

Responsibility of FERPA-Protected Data

It is your responsibility to ensure that any data or content which would be protected by FERPA is not shared inappropriately outside of your organization or with any unauthorized persons, services, etc.  This includes refraining from posting FERPA-protected data in online forums, non-secure email, etc.  It is your responsibility, should you download backups, PDFs, reports, etc, from the Services, to store such data in a manner consistent with the requirements of FERPA.  It is your responsibility, when not using your computer, tablet, or other device, to ensure it is in a "logged-out", "locked", or "shut down" mode to prevent unauthorized persons from viewing FERPA-protected data.

 

Responsibility of Email Content, Text message Content, And PII

Some functions of the system permit users to enter text which will be emailed or sent via text message outside of Services.  It is your responsibility to ensure that any data or content emailed in this way would not violate FERPA guidelines.  It is your responsibility to ensure that no student PII is exposed to an insecure email address or an unauthorized recipient.  The company disclaims all responsibility for the use of the system in this way.  If you are not sure, do not use any email functionality in Services.

 

Modification of Service

We may add, modify, or eliminate aspect(s), features or functionality of the Services from time to time for the purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for other commercially-reasonable purposes.

 

Relationship of the Parties

The company is an independent institution.  No agency, joint venture, or employee-employer relationship is intended or created by this agreement.  No work produced by The company will be considered "work for hire" as defined under copyright law.

 

3. USER DATA AND INTELLECTUAL PROPERTY RIGHTS

 

Your Rights and Obligations with Respect to Your User Data

Any information that you upload or submit to us in connection with the Services or your Account, including but not limited to Personally Identifiable Information (defined below), is referred to in this Agreement as “User Data”. You retain all Intellectual Property Rights in your User Data, subject to the rights, licenses, and other terms of this Agreement. “Intellectual Property Rights” means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.

You affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use—and authorize FlightPath Academics to use—the User Data you provide in the manner described by this Agreement.

You agree that by providing any User Data in connection with the Services or your Account, you are granting FlightPath Academics a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Data non-publicly and internally to FlightPath Academics for the purposes of providing the Services. You agree that the license includes the right to copy, analyze and use any of your User Data as FlightPath Academics may deem necessary or desirable for troubleshooting, debugging, testing, supporting, enhancing or developing services in connection with the Services and future improvements to the Services. The license granted in this section is referred to as the “Services Data License.” You also acknowledge that the Services Data License granted to FlightPath Academics with respect to your User Data will survive the termination of your Account to permit FlightPath Academics to retain server copies with User Data, including for back-up, debugging, testing and record retention and legal purposes.

If you send us feedback, ideas, suggestions, or other materials in regard to the Services (other than your User Data), you waive any potential Intellectual Property Rights and agree that we are free to use it for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

 

Personally Identifiable Information, User Data and Use of Your Information

FlightPath Academics will make no use of “Personally Identifiable Information” (PII) except as permitted by this Agreement and applicable law, including but not limited to FERPA, and any implementing regulations. With respect to all User Data, including PII, FlightPath Academics will comply with the terms of its Privacy Policy.

FlightPath Academics will make all commercially reasonable efforts to maintain the Services in a manner that includes appropriate administrative, technical and physical security measures designed to protect the confidentiality, availability and integrity of User Data, including PII as required by FERPA.

 

FlightPath Academics' Rights

Except for User Data, FlightPath Academics (or its licensors) own all rights, title, and interest to the Intellectual Property Rights in the Services, including the software, content, data, websites, and servers. FlightPath Academics owns all Intellectual Property Rights in and to its trademarks, service marks, trade names, logos, domain names, taglines, and trade dress.

 

Limited License

FlightPath Academics hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, revocable license to access and use the Services while you agree to and comply with this Agreement. You may not: (i) enable any person or entity not so authorized by FlightPath Academics to use or access the Services; (ii) attempt to copy, create derivative works except where allowed by Open Source licenses, or infringe any Intellectual Property Rights in the Services; (iii) use the Services for another party or as otherwise prohibited herein; (iv) alter or modify the Services; (v) transfer your Account or the Services to anyone else; (vi) attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part of the Services or otherwise attempt to derive the source code for the Services except where allowed by Open Source licenses; or (vii) perform pentetration testing or other methods of vulnerability testing against production Services.

 

Third Party Rights

You agree that you will not upload, publish, or submit to the Services any User Data that is subject to the Intellectual Property Rights or other proprietary rights of another party, including any trade secret or privacy rights, unless you have permission to convey to us all license rights required under this Agreement. You agree that FlightPath Academics will have no liability for, and you agree to defend, indemnify, and hold FlightPath Academics harmless for, any claims, losses or damages arising out of or in connection with your unlawful or otherwise improper use or provision of any User Data in connection with the Services.

 

4. ACADEMIC ADVISING AND STUDENT SUCCESS INFORMATION

 

We Do Not Provide Academic Advising or Services Directly

Our Services are intended to foster enhanced communications and coordination between our Users and institutions, including educational professionals and students, and to facilitate advising towards the goal of student success, improved retention rates, etc. FlightPath Academics itself does not provide professional academic advising.

FlightPath Academics IS NOT RESPONSIBLE FOR ACADEMIC ADVISING AND STUDENT SUCCESS INFORMATION PROVIDED TO YOU THROUGH THE SERVICES COMES FROM YOUR INSTITUTION, SUCH AS EDUCATONAL PROFESSIONALS, FACULTY, STAFF, ETC, INCLUDING ANSWERS TO ANY EDUCATION-RELATED QUESTION YOU MAY SUBMIT THROUGH THE SERVICES. ANY INFORMATION THAT FlightPath Academics ITSELF MAY PROVIDE IN CONNECTION WITH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL EDUCATIONAL ADVICE.

As a company, we do not endorse any specific advisings, tests, policies, requirements, opinions, or other information that may appear through the Services which was provided by your institution. If you rely on any information provided through the Services, you do so solely at your own risk.
 

No Advisor-Student Relationship

We have no control over, and cannot guarantee the availability of any institution's advisors, faculty, staff, etc, at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Services whatsoever.
 

Institution Information

Institution and other information that may be made available through the Services is intended for general reference purposes only. Institution information available through the Services may be provided by the institution and/or multiple other data sources not validated by the institution. Information may become out of date, incomplete or inaccurate. The Services do not provide any advice, qualification or certification about any particular institution. You are encouraged to independently verify any such information.

 

5. USER RESPONSIBILITIES

 

Prohibited Uses of the Services

You are responsible for all use of the Services and for all use of your Account credentials, including use by others to whom you have given your credentials in violation of this Agreement.

You may only use the Services for lawful purposes;

You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services;

You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means; and

You may not post, display or transmit User Data that violates any applicable law, the rights of any third party, or is defamatory, indecent, discriminatory or otherwise inappropriate.

Without limiting any of the foregoing, you may not (and may not to allow any third party to):

Use, without permission, any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Services;

Create user accounts by automated means or under false or fraudulent pretenses;

Collect or store personal data about other users in connection with the prohibited activities described in this paragraph;

Accumulate or index, directly or indirectly, any portion of the Services (including, without limitation, institution or practice information, appointment availability, and price information) for any purpose whatsoever; or

Use any means, including software means, to conduct web scraping of any portion of the Services.

Any violation by you of the terms of this section may result in immediate suspension or termination of your Account without any refund or other compensation. In addition, we may take any measures deemed appropriate, including legal action and technical remedies, to respond to or prevent violation of this provision and enforce these terms.

 

No Spam

You may not use contact information provided by our users or institutions, or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your Account or access to the Services immediately and take other legal action if you or anyone using your credentials violates these provisions.

 

6. RESPONSIBILITIES FOR USERS WHO ARE NON-STUDENT MEMBERS OF INSTITUTIONS (FACULTY/STAFF, ETC)

You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation; and

You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

You are responsible for setting your configurable security settings in alignment with FERPA requirements including security monitoring, reporting and notification of security incidents to FlightPath Academics, network connectivity redundancy (as needed), disaster recovery in accordance with FERPA requirements, and administering end user access to limit access appropriately.

 

7. NO RESPONSIBILITY FOR ACTS OF OMISSIONS OF THIRD PARTY WEBSITES

User shall indemnify Company from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in Service at the request of the Client.

THE SERVICES AND THE WORK PRODUCT OF Company ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF Company, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“Company PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF Company FOR THIS PROJECT. IN NO EVENT SHALL Company BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY Company, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

8. INTERRUPTION OF SERVICES OR USER DATA LOSS

The Institutional Client & User understands and will not hold the Company accountable for unforeseen outages of service, caused by  factors such as server maintenance, network maintenance, OS or other server bugs, overloads of bandwidth, etc, or by outside malicious factors such as hacking attempts, DDOS attacks, etc. The Company will take all reasonable precautions to protect against such outage conditions during business hours.

 

Backups

While backup service may or may not be provided by Company, it is ultimately the User's responsibility to ensure that backups are adequately maintained and preserved in the event that they are required.

 

9. LEGAL LIABILITY AND RELEASES

 

Releases

You agree not to hold FlightPath Academics liable for the content, actions, or inactions of other users of the Services or of other third parties. As a condition of access to the Services, you release FlightPath Academics (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more other users of the Services or with other third parties, including whether or not FlightPath Academics becomes involved in any resolution or attempted resolution of the dispute.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

Disclaimer of Other Express and Implied Warranties

FlightPath Academics PROVIDES THE SERVICES (INCLUDING WITHOUT LIMITATION ANY SOFTWARE, WEBSITES, SERVERS, ONLINE SERVICES, YOUR ACCOUNT, AND USER DATA) STRICTLY ON AN “AS IS” BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY SERVICES OR CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, FlightPath Academics AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON FlightPath Academics’ SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICES ON THIS BASIS. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

FlightPath Academics engages in commercially reasonable efforts to protect the confidentiality, availability and integrity of the Services, but it cannot guarantee continuous, error-free, secure and virus-free operation at all times, and you understand that you shall not be entitled to refunds or other compensation based on FlightPath Academics’ failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you. To the extent applicable (i.e., for institutions), FlightPath Academics does not guarantee that by mere use of the Services you will be in compliance with FERPA, and you understand and agree that you are responsible for maintaining any other administrative, technical and physical measures required to maintain appropriate information security with respect to PII you create, receive, maintain, and/or transmit and to otherwise comply with FERPA.

 

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION OR ACCOUNT. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR THE SERVICES.

IN NO EVENT SHALL FlightPath Academics OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), FlightPath Academics SOFTWARE, WEBSITES, SERVERS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT FlightPath Academics MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.

 

New Jersey Residents

Notwithstanding any term herein, this Agreement does not limit your rights or our obligations under any applicable statute or law to the contrary, including types and amounts of recovery; nor do they excuse us from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct; nor do they disclaim our duty of care to our invitees; nor do they require you to defend and indemnify us in the event that any loss is caused by our negligence.

 

Indemnification

At FlightPath Academics’ request, you agree to defend, indemnify and hold harmless FlightPath Academics, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (i) any breach or alleged breach by you of this Agreement, including without limitation your representations and warranties relating to your User Data; or (ii) your acts, omissions or use of the Services, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

 

Legal Relationship Between You and FlightPath Academics; No Third Party Beneficiaries

You acknowledge that your participation in the Services, including your creation or uploading of User Data to the Services, does not make you a FlightPath Academics employee or agent, and that you do not expect to be, and will not be, compensated by FlightPath Academics for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement. There are no third party beneficiaries, intended or implied, under this Agreement.

 

10. DISPUTE RESOLUTION AND ARBITRATION

Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.  This Agreement shall be governed by the law of Louisiana. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law. Headings and numbering used in this Agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this Agreement, and shall not have any legal effect. This Agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.

Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.

 

11. NOTICES AND QUESTIONS FOR FlightPath Academics

This agreement is subject to change.  It is your responsibility to occasionally review it at this URL, as well as the Privacy Policy.  Your use of the software and Service consititues acceptance of this agreement and the privacy policy.

Send all questions and comments to support@flightpathacademics.com.

 

12. DMCA POLICY

 

Generally

FlightPath Academics will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online institution concerning alleged copyright infringement. When a valid DMCA notification is received, the institution responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

 

Filing a Notification

A written notification must be made. This can be done either by fax or written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:

Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).

Identify the item that you claim is infringing on your copyright.

Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.

Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and maintained by the Services is not authorized by the copyright owner, its agent, or by protection of law."

Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Sign the paper.

 

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an object is protected by copyright laws.

Send the written document to the designated Copyright Agent at FlightPath Academics:

support@flightpathacademics.com

 

Filing a counter-notification

List the items that were removed by FlightPath Academics.

Provide your name, address, telephone number, email address (if available).

State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or Philadelphia, Pennsylvania if your address is outside of the United States).

State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.

State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

Sign the paper.

 

Send the written document to the designated Copyright Agent at FlightPath Academics:

support@flightpathacademics.com