THEOS WEBSITE TERMS AND CONDITIONS
These THEOS Website Terms and Conditions Agreement (the “Terms”) govern the use of the 380 Software LLC (“THEOS”) websites owned and/or controlled by or on behalf of THEOS (the “Website” and collectively, the Websites are the “Service”).
BY USING THE WEBSITE “USER” AGREES THAT USER HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY AND ACT IN ACCORDANCE WITH THE TERMS. USE OF THE SERVICE IS FURTHER SUBJECT TO THEOS’ PRIVACY POLICY. THEOS’ PRIVACY POLICY CAN BE VIEWED ON THE WEBSITE.
1. General.
a. Acceptance of Use. The Service is owned and operated by THEOS and therefore, at any time and in THEOS’ sole discretion, THEOS may revise the Terms, effective upon posting and adequate notification to User. Continued use of the Service after adequate notice of such revisions constitutes User’s acceptance of such revised Terms.
b. Eligibility. By using or opening an account on the Service (an “Account”) on behalf of User or as agent of an entity (each, a “Subscribing Entity”), User represents and warrants that he/she is at least 18 years of age and an authorized representative of and have the authority to bind the Subscribing Entity to the Terms.
2. Registration and Use.
a. Use and Purchases. Use of the Service is free; however, purchases made on the Service must be in made in United States Dollars in the form of Visa, Mastercard, or American Express. THEOS does not allow the use of third-party credit cards.
b. Log In Credentials. Use of the Service requires provision of certain personal information, including but limited to, an e-mail address and Account password (“Information”). THEOS will use and store Information in accordance with THEOS privacy policy. User is responsible for maintaining the confidentiality of your Account log-in credentials and activities that occur through the use of your Account. User will immediately notify THEOS of an Account’s unauthorized use or breach of security (“Breach”). THEOS is not liable for reimbursement, loss, or damage from a Breach until User provides written notice of such Breach and THEOS has had a reasonable amount of time to remedy the same.
c. Use at Own Risk. Information transmitted by User is at User’s sole risk.
d. Accuracy of Information. Information provided by User during registration of and use of the Service is and will to the best of User’s knowledge remain current, true, accurate, and complete. If messages sent to an email address provided by you are returned as undeliverable, THEOS reserves the right to terminate your Account immediately without notice or liability.
e. Restricted Use. THEOS reserves the right to terminate or restrict User’s access to all or any component of the Account, refuse service, or remove or edit content, at any time and without advance notice or liability.
3. Content Ownership and Prohibited Use.
a. All Service content, including but not limited to data, graphics, sound, artwork, and computer code, is THEOS’ property, and is protected by the United States and international copyright laws. Nothing contained on this Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such marks without the THEOS’ express written permission.
b. User may not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or services or data found on the Services.
c. User may not:
(i) access, monitor or copy any content or information on the Service using any robot, spider, scraper or other automated means or any manual process for any purpose without THEOS’ express written permission;
(ii) violate the restrictions in any robot exclusion headers on this Service or bypass or circumvent other measures employed to prevent or limit access to this Service;
(iii) take any action that imposes, or may impose, in the discretion of THEOS, an unreasonable or disproportionately large load on the THEOS’ infrastructure;
(iv) deep-link to any portion of this Service (including where applicable, without limitation, the purchase path for any travel services) for any purpose without THEOS’ express written permission.
(v) use this Service for any purpose that is unlawful and/or prohibited by these Terms; or
(vi) use the Service for any speculative, false, or fraudulent purposes.
4. LIMITED LIABILITY. THEOS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND/OR ANY CONTENT, DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, SERVICES AND/OR OPERATION OF THE SERVICE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT USER’S SOLE RISK. THEOS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR VIRUS-FREE. THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, ANY OF WHICH THEOS RESERVES THE RIGHT TO CORRECT EVEN POST-CONFIRMATION WITHOUT LIABILITY.
THEOS, ITS AGENTS AND/OR EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SERVICE, OR FOR ANY INFORMATION SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY THEOS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FLIGHT CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE.
THEOS’ LIABILITY FOR ANY CLAIM MADE BY USER RELATING TO THE SERVICE IS LIMITED TO SOLELY THE AMOUNT PAID BY YOU TO THEOS FOR UNUSED PORTIONS OF SUCH SERVICES OR FLIGHTS.
R1/OCT/25/24/ARF