Terms of Service
By creating an account for this service, you agree to these terms and conditions.
Flipwire operates the Plains Locator service, which we hope you use. If you use it, please use it responsibly. If you don’t, we’ll have to terminate your account.
The Terms of Service, Plains Locator itself, and our prices can change at any time. We’ll warn you 30 days in advance of any price changes. We’ll try to warn you about major changes to the Terms of Service or Plains Locator, but we make no guarantees.
Plains Locator is not a replacement for a proper site survey.
That’s the basic idea, but You must read through the entire Terms of Service below and agree with all the details before You use our service (whether or not you have created an account).
If you have any questions or concerns about our terms of service, please contact us: firstname.lastname@example.org.
Your Agreement with Flipwire
Your use of the Flipwire service is governed by this agreement (the “Terms”). “Flipwire” means Flipwire Inc. The “Service” means the services Flipwire makes available include our web sites (https://plainslocator.com), our blog, our API, and any other software, sites, and services offered by Flipwire in connection to any of those.
In order to use the Service, You (the “Customer”, “You”, or “Your”) must first agree to the Terms. You understand and agree that Flipwire will treat Your use of the Service as acceptance of the Terms from that point onwards.
Flipwire may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Flipwire will treat Your use as acceptance of the updated Terms.
If you have any question about the Terms, please contact us at email@example.com.
- You may not use the service unless you are over the age of 13.
- You must be a human. Account created by automated methods are not permitted.
Use of the Service
- You must provide accurate and complete registration information any time You register to use the Service.
- You are responsible for the security of Your passwords and for any use of Your account.
- Your use of the Service must comply with all applicable laws, regulations and ordinances.
- You agree to not engage in any activity that interferes with or disrupts the Service.
- Flipwire reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in Flipwire disabling or throttling your usage of the Service for any amount of time.
- You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees.
Service Policies and Privacy
Fees for Use of the Service
- The Service may be provided to You without charge up with certain limits or for a certain “trial” period of time.
- Usage over this limit (or after the “trial” period) or requires Your purchase of additional resources or services.
- For all purchased resources and services, we will charge Your credit card on a monthly or yearly basis.
- Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- Charges are solely based on Flipwire’s measurements of Your use of the Service, unless otherwise agreed to in writing.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
- You acknowledge and agree that any credit card and related billing and payment information that You provide to Flipwire may be shared by Flipwire with companies who work on Flipwire’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Flipwire and servicing Your account.
- Flipwire may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
Cancellation and Termination
- You must cancel Your account via https://plainslocator.com/settings/account. An email or phone request to cancel Your account is not considered cancellation.
- You will not receive any refunds if You cancel Your account.
License from Flipwire and Restrictions
Flipwire gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by Flipwire as part of the Service as provided to You by Flipwire. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by Flipwire, in the manner permitted by the Terms.
You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Flipwire, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.
Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with Flipwire for the use of the components of the Service released under an open source license.
Exclusion of Warranties
You expressly understand and agree that your use of the service is at your sole risk and that the service is provided “as is” and “as available”. You agree that Flipwire has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that You are solely responsible for securing and backing up Customer Source Code. Flipwire does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed.
Limitation of Liability
You expressly understand and agree that Flipwire, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not Flipwire has been advised of or should have been aware of the possibility of any such losses arising).
Flipwire does not vouch for nor guarantee the accuracy or the fitness of these calculations for any purpose whatsoever.
The geographic coordinates and their associated products are not legal land survey records. These coordinates can not be used as a substitute for a legal land survey. No warranty is made by Flipwire for use of the data provided.
General Legal Terms
The Terms constitute the whole legal agreement between You and Flipwire and govern Your use of the Service and completely replace any prior agreements between You and Flipwire in relation to the Service.
You agree that if Flipwire does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Flipwire has the benefit of under any applicable law), this will not be taken to be a formal waiver of Flipwire’s rights and that those rights or remedies will still be available to Flipwire.
Flipwire shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.