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Terms of Service

Willitfly.com (this "Site") is 100% owned and operated by EduCel, LLC, a California limited liability company (the "Company"). Use of the Site is subject to these Terms of Use, and your use of the Site constitutes your acceptance of these terms, and your entry into a legally-binding agreement with the Company. If you do not accept any of these terms, please do not use the Site. You represent that you are at least 18 years of age. If you are not at least 18 years of age, you may not use the Site. The Company may change these terms from time to time. If any of the revised terms are not acceptable to you, you should cease your use of the Site. The Company will post a notice of any revisions to these terms, and your continued use of the Site after such notice constitutes your acceptance of the revised terms.

Privacy Policy. The Company respects your privacy. The Privacy Policy of the Company may be viewed by clicking here. The Privacy Policy is part of these Terms of Use.

Intellectual Property. The copyright in the entire contents of the Site is owned by the Company [or its licensors], and all rights are reserved EduCel LLC. Copyrights will be vigorously protected by the relevant owner. The technology on the site is proprietary to the Company and may not be copied or altered by any person without the express written consent of the Company. The trademark "Will it Fly?"® and the accompanying graphic, "The Egg"® are registered trademarks of the Company and may not be used by any person without the express written consent of the Company. ,"Willitfly.com"™ and "Where Enterprising Minds Get Their Wings"™ are also trademarks of the Company. The "look" and "feel" of the Site, including color combinations, layout, design and other graphical elements are protected by intellectual property law. The contents of the Site may only be used for personal or non-commercial purposes. Any other use without the express written consent of the Company is prohibited. Nothing on the Site should be understood to grant you a license or other right to use any trade mark or service mark, or any copyrighted material of the Company or any third party.

Links-Prohibited Uses. Links on the Site may make it easier for you to connect to third party sites or will let you access the Site from third party sites. Linked third party sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site. Existence of links to other third party sites is not an endorsement by the Company of those sites or the products or services contained in any linked sites. If you do access a third party website linked on this Site you do so entirely at your own risk. If you have any concerns regarding services or resources or links you should direct them to the provider of the outside service or resource. The Company at all times reserves the irrevocable right to rescind consent for any link to this Site and to take any legal action it deems appropriate.

The information displayed on the Site may not be used for any purpose except in connection with your direct personal use of the Site as permitted by these Terms of Use. Additionally, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law.

You may not do the following in connection with use of the Site:

(i) send unsolicited commercial email to the email addresses provided on the Site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use. Furthermore, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;

(ii) transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under applicable law;

(iii) attempt to probe, scan or test the vulnerability of the Site, system or network or to breach security or authentication measures;

(iv) interfere or attempt to interfere with the proper functioning of the Site, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing";

(v) send unsolicited e-mail of promotions and/or advertising of products or services;

(vi) forge any TCP/IP packet header or any part of the header information in any e-mail;

(vii) frame the contents of any part of the Site within any materials not originated by the Company.

Disclaimer and Limitation of Liability. The Company makes the Site available on an "AS-IS" basis. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY INFORMATION, MATERIAL OR GRAPHICS ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF USE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. No warranty is made that any contents of the Site are free of errors or that the Site or its server are free of viruses or other harmful components. To the extent that these exclusions and limitation are expressly prohibited by law, those parts that are prohibited will not apply, but the remaining terms will continue to apply. No waiver by the Company of any term or breach of a term shall amount to a waiver of the term or breach of a term (whether of the same or similar nature) in future.

NO ATTORNEY-CLIENT RELATIONSHIP. THE SITE IS PRESENTED FOR INFORMATIONAL PURPOSES ONLY. YOUR USE OF THE SITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP WITH THE COMPANY, NOR DOES SUCH USE CONSTITUTE THE RECEIPT OF LEGAL ADVICE FROM THE COMPANY WHERE APLICABLE ("LEGAL MODULES"). NO USER OF THIS SITE SHOULD ACT OR REFRAIN FROM ACTING BASED ON THE CONTENT OF THIS SITE WITHOUT SEEKING APPROPRIATE LEGAL COUNSEL FROM A PROPERLY LICENSED ATTORNEY OR OTHER SUBJECT MATTER EXPERTS WHERE APPLICABLE.

Indemnity. You agree to indemnify and hold the Company harmless from any and all cost, loss, damage, claim, liability, cause of action or expense (including, but not limited to, legal fees and disbursements) which result from your breach or non-observance of these Terms of Use, and for any prohibited use, and for any breach or infringement of our copyright, trademark, service mark and other intellectual property rights.

Miscellaneous.

(a) These Terms of Use are the complete and exclusive statement of the Terms of Use for the Site, and they supersede any prior terms or agreements (written or oral).

(b) These Terms of Use shall be deemed to be a contract made, and to be performed in the State of California, USA, and shall be construed under the applicable laws of the United States of America and the State of California, except their choice of law rules. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of Alameda, State of California, USA, in all disputes arising out of or related to the use of the Site.

(c) The Company may, at any time, and in its sole discretion: (i) revise these Terms of Use; (ii) modify the Site; (iii) discontinue the Site, all with or without prior notice. Any revision shall be effective immediately upon posting to the Site, and your continued use of the Site after a revision is posted shall amount to your acceptance of the revision.

(d) "You" and "your" are terms which refer to a user of the Site other than the Company. The term "Company" includes the affiliates, managers, members, employees, consultants, agents and representatives of Educel LLC.

BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. 		 
 



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