FlyDragon, LLC Terms of Service
Effective Date: 2/19/2025
These Terms of Service ("Terms") govern your use of this website (the "Site") and any related services provided by FlyDragon, Inc. ("FlyDragon," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Site.
1. Website Operation and Purpose
This Site is operated by Flydragon, Inc., a New Hampshire corporation. Flydragon develops and maintains websites for real estate professionals and brokerages to help them generate leads and connect with potential clients. This Site is owned and operated by Flydragon but may be used by one of our clients, a third-party real estate professional or brokerage, to provide information and services to you.
2. Acceptable Use
You agree to use the Site only for lawful purposes and in a manner that does not violate any applicable laws or regulations. You shall not:
-Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
-Impersonate or attempt to impersonate FlyDragon, a FlyDragon employee, or any other person or entity.
-Engage in any activity that interferes with or disrupts the Site or the servers and networks connected to the Site.
-Attempt to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to the Site, through password mining or any other means.
-Use the Site to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
-Use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity.
-Use the Site for any commercial purposes, such as advertising or soliciting other users, without the express written consent of FlyDragon.
3. Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FlyDragon, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4. Disclaimers
FlyDragon provides the Site "as is" and without any warranties, express or implied. We do not guarantee that the Site will be uninterrupted or error-free. We disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy, including the accuracy of information provided by third parties, the availability of the Site, and the results obtained from using the Site.
5. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will FlyDragon be liable for any damages of any kind arising from the use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not FlyDragon has been advised of the possibility of such damages.
6. Indemnification
You agree to defend, indemnify, and hold harmless FlyDragon, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
7. Governing Law and Dispute Resolution
Governing Law: These Terms and any dispute arising out of or related to these Terms or the Site will be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of laws principles.
Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including any claim based on alleged tort, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Concord, Merrimack County, or Manchester, Hillsborough County, New Hampshire. The arbitrator shall be selected in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in accordance with the laws of the State of New Hampshire. To the extent permissible, the arbitration proceedings shall be confidential. Judgment on the arbitrator's award may be entered in any court having jurisdiction in the State of New Hampshire and may be appealed only on grounds of manifest disregard of the law or other limited grounds as permitted by applicable law. The Parties agree that arbitration shall be the sole and exclusive means of resolving any dispute, claim, or controversy arising out of or relating to this Agreement.
Waiver of Jury Trial: FOR ALL DISPUTES, THE COMPANY AND YOU HERETO IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
8. Termination and Suspension
FlyDragon may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. FlyDragon may also terminate or suspend your access to the Services for breach of these Terms, violation of applicable laws or regulations, or non-payment of fees. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Entire Agreement
These Terms constitute the entire agreement between you and FlyDragon relating to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FlyDragon with respect to the Services.
10. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
11. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FlyDragon's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12. International Data Transfers
FlyDragon may transfer Personal Information to countries outside of the European Economic Area (EEA), including the United Kingdom, in accordance with applicable data protection laws. We will ensure that any such transfers are subject to appropriate safeguards, such as Standard Contractual Clauses or other mechanisms approved by the relevant authorities, to protect your Personal Information.
13. Use of Artificial Intelligence
FlyDragon may use artificial intelligence (AI) technologies to generate or enhance certain content on the Site. While we strive to ensure the accuracy and quality of such content, we cannot guarantee its completeness or correctness. You acknowledge that some content on the Site may be generated using AI and that FlyDragon retains all intellectual property rights in such content.
14. Contact Us
If you have any questions about these Terms of Service, please contact us at hello@goflydragon.com.