Terms Of Use
1. The Broomall Group, LLC, welcomes you to FlightCrewCentral.com. Using this website indicates your consent and agreement to be bound by these Terms of Use and by any policies or practices contained herein.
All content and information displayed on our website is owned or licensed by The Broomall Group, LLC or other third parties and is protected by copyright and other intellectual property laws. You may not modify, publish, transmit, transfer, sell, reproduce, re-post or alter any such content. The Broomall Group, LLC, grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any content that you may download from this website. Any other use or reproduction of this website, in whole or in part, will be considered to be a violation of The Broomall Group, LLC’s intellectual property rights.
Your use of this website constitutes your agreement to abide by these Terms of Use. The Broomall Group, LLC, reserves the right to modify, alter or otherwise update these Terms of Use at any time, and visitors and members are encouraged to review this Terms from time to time. If you disagree with any of the Terms of Use, do not use this website.
2. DISCLAIMER AND RELATED INFORMATION
You are visiting and using this website at your own risk. The Broomall Group, LLC, its parent company, subsidiaries, affiliates, successors, assigns, agents, officers, directors, employees, representatives, licensors or licensees shall not be responsible for any damages of any nature arising out of or relating to the use of this website or any hyperlinked web site(s).
We may change, suspend or discontinue any aspect of this site at any time, including the availability of any site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entirety of this site without notice or liability.
User verification on the Internet is difficult and we cannot and do not confirm each user’s purported identity. We encourage you to communicate directly with a traveler or member through the tools available on this web site.
Before you act on information you’ve found on this website, you should confirm any facts that are important to your decision. The Broomall Group, LLC, and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the website. The Broomall Group, LLC, is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by The Broomall Group, LLC, or its licensors, affiliates, information providers, advertisers, sponsors or partners. The materials on this website and the hyperlinked third party sites are provided "as is" and without warranties or representations of any kind, either express or implied, including but not limited to the implied warranties of timeliness, merchantability, fitness or non-infringement. Further, The Broomall Group, LLC, does not represent warrant or endorse the accuracy, reliability, completeness or timeliness of any information, content, views, opinions, recommendations or advertisements distributed through or accessed from any of the services contained on this website. The Broomall Group, LLC, does not represent, warrant or endorse any product, information or material that is displayed, purchased or obtained by you as a result of an advertisement or any other information or offer displayed on this site. The Broomall Group, LLC, does not warrant that the functions contained on its website or the third party hyperlinked websites will be error-free or accessible on an uninterrupted basis, that defects will be corrected including those affecting discussion groups or bulletin boards, nor that the server that makes the website available is free of viruses or other harmful components. By visiting this website you are agreeing to The Broomall Group, LLC, its parent company, subsidiaries, affiliates, successors, assigns, agents, officers, directors, employees, representatives and licensors harmless from any damages, actions or causes of actions that may now or hereinafter arise out of your use of the website.
Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the this site from such user at locations both within and outside of the United States.
We have no duty to pre-screen content posted on this site by members, travelers or other users (including, without limitation, reviews of or guest book entries for any particular rental property), (collectively, “user-contributed content”), and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from, any user-contributed content that fails to meet our content requirements. All property listings on this site are submitted by the member and are the responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a member’s part. Members are solely responsible for keeping their property information up to date on the Site, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective travelers have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.
3. JURISDICTION
The Broomall Group, LLC, is a US Limited Liability Corporation with headquarters in Burlington, KY, United States. Consequently, by visiting this web site you agree that in all matters relating to this website, you shall be governed by the laws of the state of KY or the United States, as applicable.
You may not use this website if law prohibits you from doing so in the country in which you reside.
4. MODIFICATIONS TO THESE TERMS
The Broomall Group, LLC, reminds you to check these Terms of Use from time to time as we reserve the right to modify, alter or otherwise update these Terms without notice.
5. THIS SITE IS A VENUE
WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION . We do not own nor can we contract for any vacation rental property listed on this web site. Instead, this website serves as a venue to allow a member of our website (each, a “ member ”) to offer for rent, or rent, in a variety of pricing formats, a specific vacation rental property to potential renters (each, a “ traveler ” and, collectively with a member, the “ users ”). We are not involved in the actual transaction between travelers and members even though we may from time to time provide tools, such as direct booking that enable a traveler to enter into a transaction to lease a specific property directly from the member of that property. As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of members to rent vacation property or the ability of travelers to pay for vacation rental properties are solely the responsibility of each user.
6. PERSONAL USE AND SPAM RESTRICTIONS
We do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a site user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the user’s express consent.
You agree that, with respect to other users’ personal information that you obtain through this web site or through any site-related communication or any site-facilitated transaction, we have granted to you a license to use such information only for: any site-related communications that are not unsolicited commercial messages; using services offered through the site; facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
Although we do charge a fee to members to advertise their vacation rental properties on our web site, we do not charge travelers or general site visitors to access the web site and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the web site to, as applicable, advertise vacation rental properties and/or research, view or make legitimate inquiries to members regarding their interest in particular vacation rental properties for their personal use, all in accordance with these Terms. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that provide classified listings or property rental advertisements, or any subset of the same, or which is in the business of providing vacation property rental services.
7. PASSWORD, ONLINE ID RESTRICTIONS AND REQUIREMENT TO LEGALLY BE ABLE TO CREATE A BINDING CONTRACT
You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS. Further, we may suspend or cancel your listing at any time even without receiving notice from you if we suspect that your password is being used in an unauthorized or fraudulent manner.
Our services may only be used by members who can form legally binding contracts under applicable law. If you are registering as a l entity, you represent that you have the authority to bind the entity to this Agreement.
Each member further represents and covenants that any information submitted to the Site during such member’s registration with this web site is true and correct.
Each member agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request.
8. LIMITATIONS OF LIABILITY
IN NO EVENT WILL THE BROOMALL GROUP, LLC, ITS SUBSIDIARIES, AFFILIATES, SUCESSORS, ASSIGNS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTIAVES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITE, THESE TERMS, YOUR USE OF THE SITE AND/OR ANY TRANSACTION BETWEEN USERS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE.
9. DISPUTES WITH MEMBERS
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE AND OUR PARENT COMPANY, EACH OF OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND OUR PARENT COMPANY HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE ( INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR ANY OF YOUR USER-CONTRIBUTED CONTENT), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
10. DMCA NOTIFICATIONS
DMCA
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at FlightCrewCentral.com
Please provide our Agent with the following Notice:
a) Identify the material on our site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf
of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
We will remove the infringing posting(s), subject to the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
11. COMPUTER FRAUD
Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), relevant state statutes and the laws of the other states and territories of the USA. Such violations may subject the offender and his or her agents to civil and criminal penalties.
12. NO AGENCY
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
13. USER COPYRIGHT TERMS, PHOTO RULES AND LISTING RULES
By submitting a photograph either electronically through the site or by mailing a paper photograph to our offices, the member represents and warrants that it holds all intellectual property rights with respect to each submitted photograph, or it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and that it will indemnify and hold harmless this site and our parent company from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.
If you are a member, by accepting these Terms and by paying for and posting a listing on the site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses of any content you post on the site and you grant the site and its parent company, the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We are not responsible for any infringement or violation of laws resulting from content supplied by any member and each member will indemnify and hold harmless the site and our parent company against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such member.
Each advertisement may only relate to a specific property. The property in an advertisement may not be substituted by another property. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.
Only one property can appear on each advertisement, unless it is a property with multiple rental units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
We reserve the right to refuse in our sole discretion any advertisement submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the advertisement for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
If, in our sole discretion, any member submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms, we reserve the right to remove immediately such member’s property from the Site without refund.
14. PAYMENT RULES
No member may request any traveler to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site from time to time may result in the immediate removal of the non-conforming listing from the Site without notice to member and without refund.
15. ENTIRE TERMS
These terms constitute the entire agreement between this site and you with respect to your use of this web site. . We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or other unauthorized use of the Site. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.