Welcome to FlagMe. Family GPS Tracker, operated by Smart Grow LLC (“FlagMe,” “we”, or “our”).

By using the website located at flagme.app, as well as the related mobile website and the mobile application called FlagMe. Family GPS Tracker (the “App”) (collectively, the “Websites”), you agree to be bound by these Terms of Use (this “Terms of Use” or “Agreement”), whether or not you register as a Member of FlagMe. If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the FlagMe Privacy Policy, do not use the Service.

You may become a “Member” of the Service, which shall be defined as a person who uses the Service and/or provides information to the Service, whether as a free or paid member.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION AND CLASS ACTION WAIVER CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Electronic Agreement. This Terms of Use is an electronic contract that sets out the legally binding terms of your use of the Service. This Terms of Use is subject to change by FlagMe at any time, effective upon posting on the Websites. By accessing and/or using the Service or becoming a Member, you accept this Terms of Use and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following FlagMe’s posting of revised terms of any section of the Terms of Use will constitute your express and binding acceptance of and consent to the revised Terms of Use.

2. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

Please note that, in order for the App to work as intended, you should elect to allow the Apple iOS operating system to “always allow” tracking of your geo-location. You may make this change in your iOS settings. Additionally, the App may not work as intended if:

a. Your device is set to airplane mode;
b. Your device is not connected to the Internet;
c. You are not logged into your account; or
d. If push notifications are disabled for the App.

3. Eligibility. In order to use the Service, you must be at least eighteen (18) years of age. Use of the Service by anyone under the age of 18 is prohibited unless we have received parental consent as described in our Privacy Policy https://flagme.app/ios/privacy-policy/. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

The Service is also not available to any users who have been previously removed or suspended from the Service.

By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Terms of Use and to abide by all of the terms and conditions of this Terms of Use.

If your child under 18, but at least 13, wishes to use the Service, please email us at child@flagme.app to request a parental consent, which must be signed by you and returned to us before your child may use the Service. Please note that children under age 13 may not use the Service under any circumstances.

4. License for Mobile Application. FlagMe grants you, subject to your compliance with these Terms of Use, a limited, non-exclusive, non-transferable license to download and install a copy of the App. You may download the App on a single device (whether mobile or otherwise) to which you have exclusive control. We reserve all rights in and to the App which are not expressly granted to you under these Terms of Use. You are prohibited from running any version of the App on a jailbroken device.

You acknowledge and agree that new or updated versions of the App may include new or updated Terms of Use. Because new or updated versions of the App may include enhanced security or fixes to previous security-related problems, the failure to install the new version of the App may expose you to security risks, including without limitation a breach of your personal information.

5. Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Use;
b. You have read and understand this Terms of Use; and
c. You agree to this Terms of Use on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of FlagMe, which may be revoked at any time, for any reason, in FlagMe’s sole discretion.

6. Account Creation and Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify FlagMe of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FlagMe will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your FlagMe account.

In creating and maintaining your account, you agree to provide accurate information to us at all times. In the event that you discover that you have provided inaccurate or misleading information, you agree to immediately correct such information. If you use an alias as your account name, you agree not to use an alias that is vulgar, defamatory, offensive, or that violates any third party’s intellectual property rights or otherwise violates these Terms of Use or the FlagMe Privacy Policy.

7. Your Use of the Service
a. You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by FlagMe.
b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Websites and/or Service.
c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
d. You must not post any content that solicits, or is designed to solicit, money or services from other Members.
e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
f. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.
h. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.
i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
i. any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in FlagMe’s sole and reasonable discretion;
ii. any nude or sexually suggestive photographs;
iii. any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
iv. any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in FlagMe’s sole and reasonable opinion;
v. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user’s use and enjoyment of the Service;
vi. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation; or
vii. impersonates another person or contains photographs, images, or audio of another person without that person’s permission or, if the person is a minor, the minor’s legal guardian.
j. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
k. You must not rent, sell or lease access to the Service, or any content on the Websites.
l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any FlagMe employee. If FlagMe determines that any user has threatened, stalked, harassed, or verbally abused any FlagMe employee or another FlagMe Member, FlagMe reserves the right to immediately terminate that user’s membership and suspend access to the Service.
n. You must not sell or transfer, or offer to sell or transfer, any FlagMe account to any third party without the prior written approval of FlagMe.
o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by FlagMe; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of FlagMe’s servers, system or network or attempt to breach FlagMe’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking FlagMe’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of FlagMe under these Terms of Use, FlagMe reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that FlagMe has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

8. No Employment or Agency Relationship. You acknowledge and agree that these Terms of Use, and the Privacy Policy, do not create any employment, agency, partnership, or joint venture relationship between you and FlagMe.

9. You Bear Risk of Upload. FlagMe uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, FlagMe cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will FlagMe be liable for any copying or usage of Your Content not authorized by FlagMe. You hereby release and forever waive any claims you may have against FlagMe for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY FLAGME HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

Without limiting the foregoing, FlagMe has the right to cooperate fully with any court or law enforcement agency or authority ordering or requesting that we disclose the identity of, or any other information about, anyone posting any materials on or through the Websites or Service. YOU AGREE TO WAIVE AND HOLD HARMLESS FLAGME, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES, DURING, IN RESPONSE TO, OR AS A RESULT OF, ITS INVESTIGATIONS, AS WELL AS FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS, WHETHER BY SUCH PARTIES OR BY A COURT OR LAW ENFORCEMENT AGENCY OR AUTHORITY.

FlagMe assumes no liability for any action or inaction taken by us or any of our affiliates, licensees, and/or service providers, regarding content, communications, or transmissions from or by any user or third party. FlagMe has no liability or responsibility to anyone for performance or nonperformance of the aforementioned activities.

10. Membership; Pricing; Charges on Your Account.
a. General. Please note that the billing policies that are disclosed to you in subscribing to the service are deemed part of this Terms of Use. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Websites and/or Service.
b. Billing. FlagMe bills you through your Apple ID (your “Apple ID”) for use of the Service. All charges to your Apple ID are made by Apple, in accordance with Apple’s Terms of Use and Privacy Policy. You agree to pay FlagMe all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Apple ID, and you authorize FlagMe to charge your chosen payment provider (your “Payment Method”) for the Service through your Apple ID. You agree to make payment using that selected Payment Method. FlagMe reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
d. Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. FlagMe may submit periodic charges (e.g. yearly) without further authorization from you, until you provide prior notice (confirmed in writing by FlagMe) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before FlagMe could reasonably act. You may change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the “Payment Method Provider”) in the iOS settings on your device. For your convenience, we take your payment information so that your FlagMe membership will not be interrupted. We auto-renew your membership at the level you selected. Your FlagMe subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). You may cancel in the iOS settings on your device. Please note that you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
e. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR APPLE ID. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR APPLE ID ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY FLAGME IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE FLAGME ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT FLAGME MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR APPLE ID UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY FLAGME).
f. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
g. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that FlagMe is authorized to charge your Payment Method. FlagMe may submit those charges for payment and you will be responsible for such charges. This does not waive FlagMe’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
h. Free Trial; Promotion. We may provide a free trial or other promotion (the “Promotion”), which Promotion may provide you access to some or all features afforded to paying members of the Service. In order to avoid being charged a subscription fee for the Service, you must cancel your subscription prior to the termination of the trial period.

11. Modifications to Service, Termination of Service. FlagMe reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FlagMe shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. Blocking of IP Addresses. In order to protect the integrity of the Services, FlagMe reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.

13. Term. This Terms of Use will remain in full force and effect while you use the Websites and/or Service. If you resign or cancel your membership to FlagMe, to help FlagMe analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation.

FlagMe may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to FlagMe. All decisions regarding the termination of accounts shall be made in the sole discretion of FlagMe. FlagMe is not required to provide you notice prior to terminating your membership. FlagMe is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Terms of Use will remain in effect. All terms that by their nature may survive termination of this Terms of Use shall be deemed to survive such termination.

If either you or FlagMe terminates your membership, you may lose Your Content or any other information stored on or in association with your account.

14. Third Party Content. FlagMe may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. FlagMe does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that FlagMe does not create Third-Party Content, nor does FlagMe update or monitor it. FlagMe is therefore not responsible for any Third-Party Content on the Service. Members use such Third-Party Content at their own risk.

The Service may include links or references to other web sites or services solely as a convenience to FlagMe users (collectively, the “Reference Sites”). FlagMe does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

15. Intellectual Property. FlagMe, the FlagMe logos and any other product or service name or slogan contained in the Service are trademarks of FlagMe or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of FlagMe or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that FlagMe may provide you from time to time.

FlagMe retains all proprietary rights in the Websites and the Service, except where otherwise noted. The Websites contain the copyrighted material, trademarks, and other proprietary information of FlagMe, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on FlagMe is proprietary. Except where otherwise specified in this Agreement, all content is copyrighted material of FlagMe and for FlagMe Members’ use only. Distribution of content to others is strictly prohibited. You agree that FlagMe would be irreparably harmed by any violation or threatened violation of this section and that, therefore, FlagMe shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Websites or Service, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your Web browser for display enhancement purposes;
• You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution;
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify any materials on the Service, or any copies thereof;
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Websites or Service or any services or materials available through the Websites or Service.
In the event that you print, copy, modify, download or otherwise use or provide any other person or entity with access to any part of the Websites or Service in breach of the Terms of Use, your right to use the Websites and/or Service will cease immediately and you must, at FlagMe’s sole option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or Content, or any content thereon, is transferred to you, and all rights not expressly granted are reserved by FlagMe. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

We may provide links to third party websites, and some of the content appearing on FlagMe may be supplied by third parties. FlagMe has no responsibility for these third party websites nor for their content, which is subject to and governed by the terms of use and/or privacy policies, if any, of the applicable third party content providers.

You may not use any metatags or any other hidden text utilizing “FlagMe” or any other name, trademark or product or service name of FlagMe without our prior written permission. In addition, the look and feel of the FlagMe Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FlagMe and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

The Service is owned and operated by FlagMe. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, FlagMe’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).

16. Repeat Infringer Policy. In accordance with applicable laws around the world, FlagMe has adopted a policy that it will promptly terminate without notice any user’s access to the Service if that user is determined by FlagMe to be a “repeat infringer.” A repeat infringer includes, without limitation, a user who has been notified by FlagMe of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. FlagMe may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In addition, FlagMe accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Use.

17. Terms for the iOS App. You acknowledge and agree that this Terms of Use is between you and FlagMe only, and that Apple is not a party to these Terms of Use. FlagMe, not Apple, is responsible for the App and its contents.

You must not use the iOS App except on an Apple-branded product that is running iOS. Any use of the App by you must comply with the relevant terms of use for the Apple Source from which you obtained it (including, without limitation, the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge and agree that Apple does not have any obligation to furnish you with maintenance and/or support services with respect to the App.

You further acknowledge and agree that Apple is not responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the App, including, but not limited to, warranty or liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the App infringes the intellectual property rights of a third party (including, without limitation, trademark, copyright, and/or patent rights).

Any claims, losses, liabilities, damages costs or expenses relating to a failure to conform to any warranty shall be FlagMe’s responsibility, to the extent allowable by these Terms of Use. It is important that you read the entire Terms of Use, as other sections of these Terms of Use limit our liability.

Apple and its subsidiaries are third-party beneficiaries of these Terms of Use. By accepting these Terms of Use, you acknowledge and agree that Apple shall have the right (and will be deemed to have accepted that right) to enforce the Terms of Use against you as a third party beneficiary. Apple is the sole third party beneficiary and there are no other third-party beneficiaries of the Terms.

18. Limitation of Liability. In no event shall FlagMe be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from FlagMe or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. FlagMe makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL FLAGME, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF FLAGME HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL FLAGME HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, OR YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO PHYSICAL INJURY, DEATH, EMOTIONAL DISTRESS, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF FLAGME HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT FLAGME SHALL HAVE NO LIABILITY FOR DAMAGES ARISING FROM ANY DISPUTE BETWEEN YOURSELF AND ANOTHER USER OF THE SERVICE.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of FlagMe and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to FlagMe during the six months prior to notice to FlagMe of the dispute for which the remedy is sought.

19. Reliance on Information Posted. The information presented on or through the Websites and/or Service is made available solely for general information purposes. FlagMe does not warrant the accuracy, completeness or usefulness of any such information. Any reliance you place on such information is strictly at your own risk. FlagMe disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

This Service may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, content creators, aggregators and/or reporting services. All statements and/or opinions expressed in such materials, and all articles and responses to questions and/or other content, other than content provided by FlagMe, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FlagMe, and FlagMe is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

20. Indemnity by You. You agree to indemnify and hold FlagMe, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
a. your use of the Service and/or Websites in violation of this Terms of Use and/or arising from a breach of this Terms of Use including without limitation your representations and warranties set forth above; or
b. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of FlagMe.

21. Attorney Fees. In the event that FlagMe is successful in whole or in part in any action or proceeding related to or arising from this Terms of Use, you shall be responsible for FlagMe’s attorneys’ fees and costs.

22. Parental or Guardian Permission. Some of the content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE FLAGME THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.

23. Communications from FlagMe. FlagMe may, at its sole discretion, provide you with notices, including without limitation notices regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including without limitation by email, regular mail, SMS, MMS, text message or postings on the Service. By using or accessing the Service, you expressly consent to receive such communications. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You acknowledge and agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

24. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Delaware with the same force and effect as if such service had been made within the State of Delaware. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

25. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Delaware, County of New Castle, or the United States District Court for the District of Delaware. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, County of New Castle, or the United States District Court for the District of Delaware.

26. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Terms of Use.

27. Availability Outside the U.S. If you access FlagMe from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites or Service from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement the FlagMe Privacy Policy.

28. Amendment. FlagMe may make changes to these Terms at any time. Any revised terms will be effective upon posting on the Websites; your use of the Websites and/or Service after these updated Terms have been posted will constitute your express acceptance of the revised Terms. If you are a subscribing (e.g., paying) Member at the time of any such amendment, the then-existing Terms of Use will continue to govern your membership until your subscription renews in accordance with Section 10. If you continue your subscription, this renewal will constitute your express acceptance of, and consent to, the revise Terms of Use. If you instead elect to terminate your subscription, any use of the Service by you following such termination will constitute your express acceptance of the Terms of Use.

29. Entire Agreement. This Terms of Use, along with the FlagMe Privacy Policy, contains the entire agreement between you and FlagMe regarding the use of the Websites and/or the Service.

33. Severability; Waiver. If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, FlagMe’s failure to enforce any term of this Terms of Use shall not be deemed as a waiver of such term or otherwise affect FlagMe’s ability to enforce such term at any point in the future.

34. Headings. The section headings contained in this Terms of Use are for reference purposes only and shall not in any way affect the meaning or interpretation of this Terms of Use.

Please contact us with any questions regarding this agreement. FlagMe is a trademark of Smart Grow LLC.

FlagMe reserves all rights not expressly granted in these Terms of Use.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.