Thank you for your interest in DroneGlide, a product offered by Real Estate Portal USA LLC. Please read the following terms and conditions carefully. By accessing this App or any of the services provided to you through the App, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions. If you are not eligible or do not agree to any of the Terms, then you may not access the App.
DroneGlide provides geofencing software to control recreational unmanned aerial vehicles (UAVs or Drones) from flying outside defined parameters. You understand and agree that our software will be only compatible with specifically stated AUVs or Drones.
You must be at least 18 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site is in compliance with all applicable laws and regulations.
Specific sections of the App may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference. You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use the App. If there are any conflicts between these terms and terms that are specific to a section of the App, you agree that the latter terms will control with respect to your use of that section of the App.
- By using the App, you agree not to access the App for any illegal purpose or in violation of any local, state, national, or international law;
- Conduct activities that may be harmful to others or that could damage DroneGlide’s, or its parent company Real Estate Portal USA, LLC’s (REP), reputation;
- Violate, or encourage others to violate, any right of a third party, including violating any third party’s right to privacy;
- Perform any fraudulent activity in connection with your use of DroneGlide software or accessing the App;
- Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials;
- Access the App or utilize DroneGlide in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
- Attempt to do any of the acts described above, or assist or permit any person in engaging in any of the acts described above.
If you violate any provision of these Terms, your permission from us to access the App will terminate automatically. In addition, Real Estate Portal USA, LLC may, in its sole discretion, terminate your account or suspend or terminate your access to the App at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the App, or features of the App, at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the App or any suspension or termination of your access to the App. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the App, you will not have access to any data or content posted to the App or otherwise contained within the App, and we will have no responsibility to provide you access to such data or content. You may terminate your account at any time by contacting customer service.
Your access to the App is subject to all additional terms, policies, rules, or guidelines applicable to both the App and our Site. All Additional Terms are incorporated by this reference and made a part of these Terms.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified versions of these Terms are effective upon their publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing to access the App, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your access to or use of the App. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
The App is owned and operated by Real Estate Portal USA, LLC (REP). The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by REP are protected by intellectual property and other laws. All Materials contained within the App are the property of REP and its third-party licensors. Except as expressly authorized by REP, you may not make use of the Materials. REP reserves all rights to the Materials not granted expressly in these Terms.
You are responsible for your access to the App. You will defend and indemnify REP and its officers, directors, employees, consultants, affiliates and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the App; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
THE APP, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE APP, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. REP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE APP, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE APP, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. REP DOES NOT WARRANT THAT THE APP OR ANY PORTION OF THE APP, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE APP, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APP, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE APP, WILL CREATE ANY WARRANTY REGARDING REP OR THE APP THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE APP, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE APP. YOU UNDERSTAND AND AGREE THAT YOU USE THE APP AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF, OR INABILITY TO USE, THE APP. NOTWITHSTANDING THE FOREGOING, REP DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT REP IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
IN NO EVENT WILL REP BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APP, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REP HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF REP TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF THE APP OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT PAID BY YOU TO REP FOR SUCH USE.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
These Terms are governed by the laws of the State of Ohio without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and REP agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Cuyahoga County, Ohio for the purpose of litigating any dispute. We make no representation that the APP or any Materials included in the APP are appropriate or available for use in your location.
These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and REP regarding your access to the APP. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
In the interest of resolving disputes between you and REP in the most expedient and cost effective manner, you and REP agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND REP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Any arbitration between you and REP will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting REP.
The party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). The Notice must: describe the nature and basis of the claim or dispute; and set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or REP may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or REP must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
YOU AND REP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and REP agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
By accessing the APP, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.