Conditions of Use
Welcome to OnTheFly.com operated by On The Fly, Inc. OnTheFly.com provides their
services to you subject to the following conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to OnTheFly.com,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit OnTheFly.com or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such communications
be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is
the property of OnTheFly.com, On The Fly, Inc. or its content suppliers and
protected by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of On The Fly, Inc. and
protected by U.S. and international copyright laws. All software used on this
site is the property of On The Fly, Inc. or its software suppliers and protected
by United States and international copyright laws.
TRADEMARKS
OnTheFly.com, and other marks indicated on our site are registered
trademarks of On The Fly, Inc., a California Corporation. On The Fly's trademarks
and trade dress may not be used in connection with any product or service that
is not On The Fly's, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits On The Fly. All other trademarks
not owned by On The Fly or its subsidiaries that appear on this site are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by On The Fly or its subsidiaries.
LICENSE AND SITE ACCESS
OnTheFly.com grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of OnTheFly.com. This license
does not include any resale or commercial use of this site or its contents;
any collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools. This site or any portion
of this site may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without express written consent
of On The Fly, Inc. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of OnTheFly.com and our affiliates
without express written consent. You may not use any meta tags or any other
"hidden text" utilizing On The Fly's name or trademarks without the
express written consent of On The Fly. Any unauthorized use terminates the permission
or license granted by On The Fly. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of OnTheFly.com so long as the
link does not portray OnTheFly.com, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive matter. You may not
use any OnTheFly.com logo or other proprietary graphic or trademark as part
of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. OnTheFly.com does sell products for children, but it sells
them to adults, who can purchase with a credit card. If you are under 18, you
may use OnTheFly.com only with involvement of a parent or guardian. OnTheFly.com
and its affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the origin
of a card or other content. OnTheFly.com reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant OnTheFly.com and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant OnTheFly.com and its affiliates
and sublicensees the right to use the name that you submit in connection with
such content, if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy and
will not cause injury to any person or entity; and that you will indemnify OnTheFly.com
or its affiliates for all claims resulting from content you supply. OnTheFly.com
has the right but not the obligation to monitor and edit or remove any activity
or content. OnTheFly.com takes no responsibility and assumes no liability for
any content posted by you or any third party.
COPYRIGHT COMPLAINTS
OnTheFly.com and its affiliates respect the intellectual property of others.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please follow our Notice and Procedure for Making Claims of Copyright
Infringement.
RISK OF LOSS
All items purchased from OnTheFly.com are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT DESCRIPTIONS
OnTheFly.com and its affiliates attempt to be as accurate as possible. However,
OnTheFly.com does not warrant that product descriptions or other content of
this site is accurate, complete, reliable, current, or error-free. If a product
offered by OnTheFly.com itself is not as described, your sole remedy is to return
it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website
represents the full retail price listed on the product itself, suggested by
the manufacturer or supplier, or estimated in accordance with standard industry
practice. The List Price is a comparative price estimate and may or may not
represent the prevailing price in every area on any particular day. For certain
items that are offered as a set, the List Price may represent "open-stock"
prices, which means the aggregate of the manufacturer's estimated or suggested
retail price for each of the items included in the set. Where an item is offered
for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by OnTheFly.com, we cannot confirm the price of an
item until you order; however, we do NOT charge your credit card until after
your order has entered the shipping process. Despite our best efforts, a small
number of the items in our catalog may be mispriced. If we discover a mispricing,
we will do one of the following:
· If an item's correct price is lower than our stated price, we will
charge the lower amount and ship you the item.
· If an item's correct price is higher than our stated price, we will,
at our discretion, either contact you for instructions before shipping or cancel
your order and notify you of such cancellation.
OTHER BUSINESSES
Parties other than OnTheFly.com and its subsidiaries operate stores, provide
services, or sell product lines on this site. For example, cigar accessories
are supplied by Sherlock's Haven in our Cigars store, and other businesses and
individuals offer products in other departments. In addition, we provide links
to the sites of affiliated companies and certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant the offerings
of, any of these businesses or individuals or the content of their Web sites.
OnTheFly.com does not assume any responsibility or liability for the actions,
product, and content of all these and any other third parties. You should carefully
review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ON THE FLY, INC. ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ON THE FLY, INC. MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ON THE FLY, INC. DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ON THE FLY, INC. DOES
NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM OnTheFly.com ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ON THE FLY, INC. WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting OnTheFly.com, you agree that the laws of the state of California,
without regard to principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between you and On The Fly,
On The Fly, Inc. or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to OnTheFly.com or to products
you purchase through OnTheFly.com shall be submitted to confidential arbitration
in San Francisco, California, except that, to the extent you have in any manner
violated or threatened to violate OnTheFly.com's intellectual property rights,
OnTheFly.com may seek injunctive or other appropriate relief in any state or
federal court in the state of California, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this
site. These policies also govern your visit to OnTheFly.com. We reserve the
right to make changes to our site, policies, and these Conditions of Use at
any time. If any of these conditions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
OUR ADDRESS
On The Fly, Inc.
One Embarcadero Center
Street Level
San Francisco, CA 94111
http://www.onthefly.com
