FlyLady and Company, Inc. Messenger App Terms and

Conditions and EULA Agreement

BY ACCESSING AND USING THIS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND PROVISIONS OF THIS AGREEMENT.  IF YOU DO NOT, PLEASE DO NOT USE THIS SERVICE.

This Application (“App”) is provided for your information and enjoyment, and we hope you enjoy using it.  Please browse our website at www.FlyLady.net and make use of its various features.  We encourage open, honest, and respectful communication between all of our members.  Be aware, however, that your use of the App is subject to the following terms and conditions.  If you do not agree to these terms and conditions, do not use this App and do not register as a member.

1. Trademarks, Copyright and Restrictions:  FlyLady and Company, Inc. owns the copyright or has a valid right from a third party for all material, logos, names, trademarks, images and illustrations on the app.  You may not copy, reproduce, republish, upload, post, transmit or distribute the information contained in the App, including text, logos, images or trademarks in any way without prior written consent of FlyLady and Company, Inc.  Any unauthorized attempts to modify the App, to defeat or circumvent our security features, or to use the App messages for other than their intended use is prohibited.
2. Limitation of Liability:  Your use of and browsing in the App is at your own risk.  FlyLady and Company, Inc., its employees or any other party involved in creating, producing or delivering the App is not liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of your access to, or inability to access or use the FlyLady and Company, Inc. App.  FlyLady and Company, Inc. also assumes no responsibility, and shall not be liable for, any damages to your mobile devices, desktop or any of your other electronic property, or viruses, worms, Trojan horses, or other codes that may infect your mobile devices, desktop or any of your other electronic property on account of your access to, use of, or browsing in the App, or your downloading of any materials, data, text or images from the App.
3. Submissions:  Any communication or material, including data, questions, comments, postings, products, materials or suggestions you transmit to FlyLady and Company, Inc., and its website, App, etc., by electronic mail or otherwise, may become the property of FlyLady and Company, Inc. and may be used for any future purpose including, but not limited to, developing, manufacturing and marketing products using such information.  We will not review or consider any unsolicited creative submissions.  Please understand that this is to avoid the chance of future misunderstandings in the event that ideas, products or projects created by FlyLady and Company, Inc. might seem to others to be similar to their own ideas or creative work.  Therefore, we ask that you do not send us any creative ideas, products or suggestions.  If, despite our request, you do send us a submission electronically or by any other means, it may become the property of FlyLady and Company, Inc.  No submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any submission.  We will own all known or later-existing rights to the submission worldwide and will be entitled to the unrestricted use of the submission for any purpose without compensation to the provider of the submission.
4. App Content:  FlyLady and Company, Inc. reserves the right to edit, delete or add to any content on its App at any time without prior notice to users and members.
5. Use of this App:  All FlyLady and Company, Inc. services, including, but not limited to, this App are provided on an “AS IS” basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, or STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.
6. Termination:  We may terminate your access to the App, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.  All provisions of this agreement that, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  If you   no longer wish to have a registered account, you may terminate your account by sending an email to Orders@FlyLady.net.  If you no longer accept these Terms and Conditions, or any future modification to these Terms and Conditions, you must cease using the FlyLady Messenger App.  Continued use of the FlyLady Messenger App indicates your continued acceptance of these Terms and Conditions.
7. Privacy:  FlyLady and Company, Inc. retains information such as your email address, device model, internet protocol address, type of web browser, version of the FlyLady Messenger App being used, and access times for the purposes of maintaining account security.  We do not share this information in a specific form with anyone.  We may, at our discretion, aggregate some of this information in an unidentifiable way and share it for business purposes only, such as determining the percentage of users that can benefit from a specific feature.  Also, please refer to FlyLady and Company, Inc.’s Privacy Policy for more information on how we protect your personal privacy.
8. Revision of Terms and Conditions:  FlyLady and Company, Inc. may at any time revise these Terms and Conditions by updating this posting.  Please revisit this page to review the Terms and Conditions often.  Your use of this App reaffirms your continuing agreement to the current Terms and Conditions.
9. Payment and Refund Policy:  The only method of payment for the Messenger App offered by FlyLady and Company, Inc. is via credit card.  We currently accept Discover Card, VISA and MasterCard only.  When you make a FlyLady Messenger App purchase from FlyLady and Company, Inc., your account is billed at the time of or shortly after your transaction.  All purchases are billed to the payment method that you designate when you sign up for the App and your FlyLady ID.  You agree that you will pay for the FlyLady Messenger App and that FlyLady and Company, Inc. may charge your payment method for any products purchased and for any additional amounts that may be accrued by or in connection with your account.  YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL AMOUNTS DUE for the Messenger App service.  Prices for and/or durations of this Messenger App Service may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.  If the product becomes unavailable following a transaction but prior to download, your sole remedy is a refund.  If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by FlyLady and Company, Inc.  FlyLady Messenger Services App offers the following durations of use for the App:  3 Months for $9.95; 6 Months for $17.95; and 1 Year for $29.95.  THERE ARE NO REFUNDS GIVEN, PRO-RATED OR OTHERWISE, on the 3 Month Service or the 6 Month Service.  If you are displeased with the service and have paid for a full year of the service (currently at $29.95), you can request us to cancel the remainder of your years’ worth service, and we may PARTIALLY refund your credit card (or send you a refund check), based on a pro-rated amount, SOLELY at the discretion of FlyLady and Company, Inc.
10. Intellectual Property: The App and its original content, features and functionality are owned and operated by FlyLady and Company, Inc. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws.
11. Warranty Disclaimer: FlyLady and Company, Inc. cannot guarantee that the information provided in the App is accurate, complete or suitable for any particular purpose.  The content on the App may contain errors.  FlyLady and Company, Inc. is not liable for any such errors.
12. Contact Us: Please email us at Orders@FlyLady.net or visit the FlyLady.net “Contact Us” link at http://www.flylady.net/d/contact-us/.

EULA Agreement

This End-User License Agreement (“Agreement”) was last updated on June 15, 2016.  Please read this Agreement carefully before clicking the “I Agree” button, downloading or using this App.

By clicking the “I Agree” button, downloading or using this App, you are agreeing to be bound by the Terms and Conditions of this Agreement.

If you do not agree to the Terms and Conditions of this Agreement, do NOT click on the “I Agree” button and do not download or use the App.

License:  FlyLady and Company, Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the App solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions:  You agree not to, and you will not permit others to, license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party.

Further, account sharing is strictly prohibited and may result in termination or suspension of your account and/or loss of subscription.  Additionally, your account may be suspended if it has been determined that you are no longer in control over your account (i.e.:  your account has been hacked or your password does not provide adequate security).

Lastly, it is expressly prohibited for anyone under the age of 13 to use the FlyLady Messenger App.

Modifications to App:  FlyLady and Company, Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without liability to you.

Infringement Acknowledgement:  FlyLady and Company, Inc. and you, the user, acknowledge and agree that, in the event of a third party claim that the App, or your use or possession of the App, infringes any third party’s intellectual property rights, you, the user, will be responsible for the investigation, defense, settlement and discharge of any such claim (as and if it relates to you) of intellectual property infringement.  You, the user, will promptly notify FlyLady and Company, Inc. in writing of any such claim.

Term and Termination:  This Agreement shall remain in effect until terminated by you or by FlyLady and Company, Inc.  FlyLady and Company, Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.  This Agreement will terminate immediately, without prior notice from FlyLady and Company, Inc. in the event that you fail to comply with any provision of this Agreement.  You may also terminate this Agreement by deleting the App and all copies thereof from your mobile device and/or from your desktop or other electronic property.  Upon termination of this Agreement, you shall cease all use of the App and delete all copies of the App from your mobile device and/or from your desktop or other electronic property.

Disclaimer of Warranties:  All FlyLady and Company, Inc. services, including, but not limited to, are provided on an “AS IS” basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, or STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

Limitation of Liability:  Your use of and browsing in the App is at your own risk.  FlyLady and Company, Inc., its employees or any other party involved in creating, producing or delivering the App is not liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of your access to, or inability to access or use the FlyLady and Company, Inc. App.  FlyLady and Company, Inc. also assumes no responsibility, and shall not be liable for, any damages to your mobile devices, desktop or any of your other electronic property, or viruses, worms, Trojan horses, or other codes that may infect your mobile devices, desktop or any of your other electronic property on account of your access to, use of, or browsing in the App, or your downloading of any materials, data, text or images from the App.

Severability:  If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement:  FlyLady and Company, Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time.  If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect.  What constitutes a material change will be determined at our sole discretion.

     Contact Information:  If you have any questions about this Agreement, please contact us at Orders@FlyLady.net.