This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between AFLASHOUT INC., a United States corporation in Hawaii, registered address 1050 Queen Street, Suite 100, Honolulu HI 96814, USA (“AFLASHOUT”) and you, and is made effective as of the date of your use of this application (“APP”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the APP and the products and services purchased or accessed through this APP (individually and collectively, the “Services''), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this APP or purchase Services, your use of this APP and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement., along with the following policies, including Privacy Policy and the APPlicable product agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to AFLASHOUT. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. AFLASHOUT may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this APP. Your use of this APP or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this APP or the Services. In addition, AFLASHOUT may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your user account (“Account”) information current. AFLASHOUT assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
The Services constitute a technology platform with messaging and payment capabilities that enables users of AFLASHOUT’s mobile Applications or website provided as part of the Services (each, an “Application”) to send or receive on-demand work requests, including independent third party providers of such services under agreement with AFLASHOUT or certain of AFLASHOUT’s affiliates (“Third Party Providers”). YOU ACKNOWLEDGE THAT AFLASHOUT SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY AFLASHOUT OR ANY OF ITS AFFILIATES.
License. Subject to your compliance with these Terms, AFLASHOUT grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by AFLASHOUT and AFLASHOUT’s licensors.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by AFLASHOUT; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by Applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services. You acknowledge that portions of the Services may be made available by or in connection with: (i) certain of AFLASHOUT’s subsidiaries and affiliates; or (ii) independent Third Party Providers.
Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that AFLASHOUT does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. AFLASHOUT does not endorse such third party services and content and in no event shall AFLASHOUT be responsible or liable for any products or services of such third party providers.
Ownership. The Services and all rights therein are and shall remain AFLASHOUT’s property or the property of AFLASHOUT’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner AFLASHOUT’s company names, logos, product and service names, trademarks or services marks or those of AFLASHOUT’s licensors.
User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to AFLASHOUT certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or AFLASHOUT’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by AFLASHOUT in writing, you may only possess one Account.
User Requirements and Conduct. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive prep and listing services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Text Messaging. By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from AFLASHOUT at any time by following the directions found at https://www.aflashout.com/unsubscribe/. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services
Promotional Codes. AFLASHOUT may, in AFLASHOUT’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that AFLASHOUT establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by AFLASHOUT; (iii) may be disabled by AFLASHOUT at any time for any reason without liability to AFLASHOUT; (iv) may only be used pursuant to the specific terms that AFLASHOUT establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.AFLASHOUT reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that AFLASHOUT determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may APPly if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. AFLASHOUT does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You acknowledge and agree that: 1. Your use of this APP and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. 2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. 3. You will not use this APP or the Services in a manner (as determined by AFLASHOUT in its sole and absolute discretion) that:
AFLASHOUT expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by AFLASHOUT in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by AFLASHOUT in offering or delivering any Services, (ii) to assist with our fraud and abuse detection and prevention efforts, (iii) to comply with court orders against you and/or your company and applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of AFLASHOUT, its officers, directors, employees and agents, as well as AFLASHOUT’s affiliates, including, but not limited to, instances where you have sued or threatened to sue AFLASHOUT. AFLASHOUT expressly reserves the right to terminate, without notice to you, any and all Services where, in AFLASHOUT's sole discretion, you are harassing or threatening AFLASHOUT and/or any of AFLASHOUT's employees, affiliates and agents. AFLASHOUT shall not be liable for any loss or damage resulting from such actions.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS APP AND THE SERVICES FOUND AT THIS APP SHALL BE AT YOUR OWN RISK AND THAT THIS APP AND THE SERVICES FOUND AT THIS APP ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. AFLASHOUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AFLASHOUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS APP, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY APPS LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APP, AND/OR (III) THE SERVICES FOUND AT THIS APP OR ANY APPS LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APP, AND AFLASHOUT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY AFLASHOUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS APP OR THE SERVICES FOUND AT THIS APP, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this APP or the Services found at this APP.
IN NO EVENT SHALL AFLASHOUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE
PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE
ACCURACY, COMPLETENESS, OR CONTENT OF THIS APP, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY APPS LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APP, (III) THE SERVICES
FOUND AT THIS APP OR ANY APPS LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS
APP, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF
ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL
CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
(VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS APP OR ANY APPS LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APP, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS APP OR ANY APPS LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APP, (IX) ANY USER CONTENT OR CONTENT THAT IS
DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”,
OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF THIS APP OR THE SERVICES FOUND AT THIS APP, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT AFLASHOUT IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this APP or the
Services found at this APP must be commenced within one (1) year after the cause of action accrues, otherwise such cause of
action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall AFLASHOUT’s total aggregate liability
exceed $10,000.00 U.S. Dollars.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall
survive any termination or expiration of this Agreement or your use of this APP or the Services found at this APP.
You agree to protect, defend, indemnify and hold harmless AFLASHOUT and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by AFLASHOUT directly or indirectly arising from (i) your use of and access to this APP or the Services found at this APP; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this APP or the Services found at this APP
AFLASHOUT reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although AFLASHOUT makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by AFLASHOUT, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, AFLASHOUT will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by AFLASHOUT in its sole and absolute discretion. AFLASHOUT may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. No Liability. AFLASHOUT will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
AFLASHOUT makes no representation or warranty that the content available on this APP or the Services found at this APP are APPropriate in every country or jurisdiction, and access to this APP or the Services found at this APP from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this APP or the Services found at this APP are responsible for compliance with all local laws, rules and regulations.
Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the federal law of the United States of America. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
If you have any questions about this Agreement, please contact us by email or regular mail at the following
address:
AFLASHOUT INC.
1050 Queen Street, Suite 100,
Honolulu, HI 96814, USA