Flying Phobia Master Terms of Service
LAST UPDATED: July 10, 2018
WELCOME TO THE FLYING PHOBIA MASTER WEBSITE. PLEASE READ THIS DOCUMENT CAREFULLY.
Prior to using the Flying Phobia Master Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Flying Phobia Master Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
1. Who May Use the Servic
AGE REQUIREMENT: You must be at least 18 years old to use the Service or the Site.
If your child is using the Flying Phobia Master Service and is under 18, please contact us at firstname.lastname@example.org immediately so that we can disable his or her access.
2. General Disclaimer:
NOTHING STATED OR POSTED ON THE FLYING PHOBIA MASTER SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE FLYING PHOBIA MASTER SERVICE OR PRODUCT OFFERED TO YOU BY US IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
BBH INTERNET MARKETING SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE FLYING PHOBIA MASTER SERVICE OR THE SITE.
BBH Internet Marketing provides the Flying Phobia Master Service on an “as is” and “as available” basis. You, therefore, use the Flying Phobia Master Service at your own risk.
BBH Internet Marketing expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose, non-infringement and any other warranty that might arise under any law. Without limiting the foregoing, BBH Internet Marketing makes no representations or warranties:
BBH Internet Marketing reserves the right to modify the Flying Phobia Master Service at any time and in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Flying Phobia Master Service. BBH Internet Marketing has no obligation to screen or monitor any content and does not guarantee that any content made available on the Flying Phobia Master Service complies with this Agreement or is suitable for all users. BBH Internet Marketing shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view Flying Phobia Master Service or Site content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
BBH Internet Marketing may supply, deliver or provide the Service via its affiliates and other third parties and make its best endeavors to make the Service available to you in a discreet manner. By agreeing to the Terms, you accept that under no circumstances We shall be liable for any consequences caused by an act or omission by our affiliates and third parties not under our direct control, including but not limited to delays in shipment and errors in packaging.
To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Flying Phobia Master Service, and no warranties shall apply after such period.
3. Medical Disclaimer
BBH INTERNET MARKETING DOES NOT MAKE ANY MEDICAL CLAIMS OR WARRANTIES REGARDING THE USE AND THE ACCURACY OF THE SERVICE OR AS TO THE ACCURACY OF THE CONTENT IN THE SITE. THE CONTENT PRESENTED IS GENERAL IN NATURE AND THE SERVICE MAY NOT BE FOR EVERYONE AND MAY HAVE SIDE EFFECTS. YOU SHOULD CONSULT YOUR DOCTOR OR OTHER HEALTH CARE PROFESSIONAL BEFORE USING THE FLYING PHOBIA MASTER SERVICE.
STATEMENTS MADE ON THIS SITE ARE NOT AN ENDORSEMENT OF ANY SPECIFIC PRODUCT OR SERVICE, OR A RECOMMENDATION AS TO HOW TO TREAT ANY PARTICULAR HEALTH CONCERN. BBH INTERNET MARKETING SHALL HAVE NO LIABILITY AS A PUBLISHER OF CONTENT OR RE-SELLER OF ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DEFECTIVE PRODUCTS.
WITHOUT DEROGATING FROM THE ABOVE, THE CONTENT PROVIDED FROM OR ON THIS SITE IS PROVIDED “AS IS”, AND BBH INTERNET MARKETING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THAT CONTENT WHETHER STATUTORY, EXPRESS OR IMPLIED AND HEREBY DISCLAIMS ALL WARRANTIES FOR SUCH CONTENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH CONTENT.
IN NO EVENT SHALL BBH INTERNET MARKETING OR ANY OTHER PARTY INVOLVED IN PRODUCING, HOSTING, OR DELIVERING THE CONTENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING ANY DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE CONTENT PRESENTED ON THE SITE, LOSS OF PROFITS OR REVENUES OF COSTS OF REPLACEMENT GOODS.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT BBH INTERNET MARKETING DOES NOT UNDERTAKE THAT THE SITE OR SERVICE WILL OPERATE WITHOUT MISTAKES OR BE ERRORS FREE OR THAT THE CONTENT BE ACCURATE OR THE SERVICE PRODUCE THE RESULTS YOU EXPECT OR ANTICIPATE. BBH INTERNET MARKETING ASSUMES NO RESPONSIBILITY AND LIABILITY FOR, AND MAKES NO REPRESENTATIONS WITH RESPECT TO, THE ACCURACY OF THAT CONTENT AND FOR ANY ACTION TAKEN THAT IS BASED ON THE CONTENT PRESENTED ON THIS SITE.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THE SERVICE TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS.
DO NOT USE THE FLYING PHOBIA MASTER SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT.
THE FLYING PHOBIA MASTER SERVICE IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE FLYING PHOBIA MASTER SITE OR AVAILABLE THROUGH ANY FLYING PHOBIA MASTER SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR THE PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, HYPNOTHERAPY, BEHAVIORAL THERAPY OR PROVIDING HEALTH, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE FLYING PHOBIA MASTER SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE FLYING PHOBIA MASTER SITE AND SERVICE are CONTINUALLY UNDER DEVELOPMENT AND BBH INTERNET MARKETING MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE FLYING PHOBIA MASTER SITE AND SERVICE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
4. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall BBH Internet Marketing, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, ,mental disorders, panic attacks, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) BBH Internet Marketing’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to BBH Internet Marketing over the three (3) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
You agree to indemnify, defend and hold harmless BBH INTERNET MARKETING, the owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any claim or demand, including reasonable attorneys’ fees, arising out of the Content you post to, submit or transmit through the Site, your use of the Site or the Services, your connection to the Services, your violation of these Terms of Service, or your violation of any rights of another.
6. Membership Provisions
REGISTRATION: To fully use the Flying Phobia Master Service, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to BBH Internet Marketing and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by BBH Internet Marketing. If you wish to inquire about possible commercial use, please contact us at email@example.com.
BBH Internet Marketing may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Flying Phobia Master Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at firstname.lastname@example.org.
7. Accuracy and Personal Responsibility
As set forth more fully in the Disclaimers, we have done our best to ensure that the information provided on this Website and on the Flying Phobia Master Service are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website and on the Flying Phobia Master Service or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website or the Flying Phobia Master Service, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website and on the Flying Phobia Master Service. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website and on the Flying Phobia Master Service.
Subscription Fees. The Flying phobia master Service is a one-time payment service.
You will be charged in accordance with the billing terms you agreed to at the time you signed up. If you want to change or terminate your subscription, please contact us at email@example.com.
The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price.
Authorization. When you sign up for our Service and provide a payment method to BBH Internet Marketing or to our partners, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you for the Service.
If you provide a payment method and our charge results in an overdraft, charge-back or another fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE FLYING PHOBIA MASTER SERVICE, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, contact us at firstname.lastname@example.org.
Changes. BBH Internet Marketing may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in BBH Internet Marketing’s sole discretion.
10. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the Flying Phobia Master Service and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription, please contact us at email@example.com.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, delete an account from the Flying Phobia Master Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases. In order to delete your account please contact us at firstname.lastname@example.org.
You agree that we, in our sole discretion, may terminate your use of the Site and/or the Services, and remove and discard any Content or Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. We may also in its sole discretion and at any time discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that We may immediately deactivate or delete your password and all related Content and/or files corresponding to your password and/or bar any further access to such files or the Services.
If BBH Internet Marketing deletes your account for the foregoing reasons, you may not re-register for the Flying phobia master Service. BBH Internet Marketing may block your email address and Internet protocol address to prevent further registration. BBH Internet Marketing is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
11. Code of Conduct and Prohibited Activities
You agree that in connection with your use of the Site, the Services, and the Content you will not:
12. Advertising, Third Party Links and Content
We reserve the right to accept or reject any advertisement submitted for publication on the Site. However, we do not attempt to investigate or verify claims, including claims of compliance with the Terms made in advertisements appearing on the Site. The appearance of advertising on the Site in no way implies endorsement or approval by us of any advertising claims or of the advertiser, its product, or services. We disclaim any liability whatsoever in connection with advertising appearing in the Site.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Site or in connection with the services shall be at your sole risk.
The Site and/or Services may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because We have no control over such Sites and resources, you acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Sites or resources including but not limited to content which purports to describe the services offered on the website. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Site or resource.
Your participation, correspondence or business dealings with any third party found on or through the Flying Phobia Master Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that BBH Internet Marketing shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
13. Intellectual Property
You acknowledge that the Flying Phobia Master Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All BBH Internet Marketing-generated Content and Content devolved for BBH Internet Marketing by its partners and licensors are copyrighted individually and/or as a collective work under the Israeli copyright laws; further, BBH Internet Marketing owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Flying Phobia Master Site.
Our intellectual property (e.g., logo and trademarks, whether registered or not) may not be copied, imitated or used, in whole or in part, without our prior written consent. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress and may not be copied, imitated or used, in whole or in part, without prior written permission from Us.
The Flying Phobia Master name, logos and affiliated Sites and technologies are the exclusive property of BBH Internet Marketing. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
BBH Internet Marketing owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto.
14. General Provisions
The Service is controlled, operated and administered by BBH Internet Marketing from our offices in Israel. If you access the Service from a location outside of Israel, you are responsible for compliance with all local laws. You agree that you will not use BBH Internet Marketing’s Content accessed through the Flying Phobia Master Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
DISPUTE RESOLUTION, JURISDICTION & GOVERNING LAW:
This Agreement, and any dispute between you and BBH Internet Marketing, shall be governed by the laws of the state of Israel without regard to principles of conflicts of law.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Israel and you hereby consent to the exclusive jurisdiction and venue of courts in Tel-Aviv, Israel in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BBH Internet Marketing as a result of this agreement or use of the Site.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from BBH Internet Marketing electronically. BBH Internet Marketing may provide all such communications by email or by posting them on the Flying Phobia Master Service. For support-related inquiries, you may send an email to email@example.com or the following address:
BBH Internet Marketing
15 Merkaz Ba’alei Melaha Street, Tel Aviv
Attention: Legal Department
Nothing herein shall limit BBH Internet Marketing’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by BBH Internet Marketing on the Flying Phobia Master Site or a written amendment signed by an authorized representative of BBH Internet Marketing. A revised Terms of Service will be effective as of the date it is posted on the Flying Phobia Master Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference