Terms of Use:

The ensuing stipulations and arrangements govern the entire utilization of the fleamerica.com website, along with all its contents, services, and products accessible either directly from or through the website (collectively referred to as the “Website”). The Website is under the ownership and operation of fleamerica.com (“fleAmerica.com”). By accessing or utilizing any portion of the web platform, you are agreeing to adhere to all terms and conditions presented herein, without alteration. This also includes the full compliance with any other operational protocols, policies (including, but not limited to, FleAmerica’s Privacy Policy), and procedures that may be periodically published on this Site by FleAmerica (collectively known as the “Agreement”).

We kindly urge you to read this Agreement meticulously before using the Website. Your access to or utilization of the Website indicates your explicit acceptance of the terms and conditions encompassed in this agreement. Should you disagree with any or all of the terms and conditions stipulated in this agreement, we regret to inform you that accessing the Website or engaging in any of its services will not be possible. If these terms and conditions are perceived as an offer made by FleAmerica (“fleAmerica.com”), it is important to note that acceptance is explicitly restricted to these stated terms. It is pertinent to understand that the Website is accessible solely to individuals who have reached the age of 18 years or more.

1 – Your FleAmerica.com Account and Site: If you establish a blog or website on the FleAmerica (“fleAmerica.com”) platform, you shall be held accountable for safeguarding the security of your account and the web space. You are fully responsible for any and all activities that transpire under your account, as well as any other actions undertaken in connection with your blog. Under no circumstances should you provide misleading or unlawful descriptions or keywords for your blog, including those aimed at capitalizing on the reputation of others. FleAmerica (“fleAmerica.com”) retains the right to modify or eliminate any description or keyword deemed inappropriate, unlawful, or liable to incur legal repercussions. Should any unauthorized utilization of your blog, account, or breaches of security come to your attention, it is imperative to inform FleAmerica (“fleAmerica.com”) (“fleAmerica.com”) without delay. Be advised that FleAmerica (“fleAmerica.com”) will not bear responsibility for any actions or omissions on your part, including any resulting damages of any nature arising from such actions or omissions.

2 – Responsibility of Contributors: If you operate a blog, post material, make comments, furnish links, or facilitate the availability of content through the Website, you (or any third party under your purview) bear complete responsibility for the content itself, as well as any ensuing consequences. This holds true regardless of whether the content in question encompasses text, graphics, audio files, or software. By making content available, you hereby declare and warrant the following:

• The downloading, copying, and utilization of the content will not infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, or trade secret rights.
• If your employer holds intellectual property rights over your creations, you must have either obtained explicit permission to post or disseminate the content, including software, or secured a waiver from your employer renouncing all rights to the content.
• All third-party licenses related to the content have been duly complied with, and all requisite actions have been undertaken to ensure that end users fully receive any obligatory terms.
• The content is free of viruses, worms, malware, Trojan horses, or any other form of harmful or destructive content.
• The content is devoid of spam, is not mechanically or randomly generated, and does not contain unethical or unwanted commercial content designed to divert traffic to third-party sites, enhance search engine rankings of third-party sites, or further illicit activities (such as phishing) or deceive recipients about the source of the material (as in the case of spoofing).
• The content is not pornographic, does not feature threats, nor does it incite violence towards individuals or entities. Moreover, it does not breach the privacy or publicity rights of any third party.
• Your blog is not advertised through unsolicited electronic messages such as spam links in newsgroups, email lists, other blogs, websites, or similar unsolicited promotional methods.
• Your blog does not possess a title that misleads your readers into assuming that you are someone other than yourself or a company different from your own. For instance, your blog’s URL or name does not reflect the name of a person other than yourself or an entity other than your own.

By submitting content to fleamerica.com for inclusion on your website, you hereby grant FleAmerica (“fleAmerica.com”) a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt, and publish the content solely for the purpose of showcasing, disseminating, and promoting your blog. In the event that content is deleted, FleAmerica will exert reasonable efforts to remove it from the Website. However, it’s important to acknowledge that cached versions or references to the content may not be instantly rendered unavailable.

In addition to the above representations and warranties, FleAmerica (“fleAmerica.com”) reserves the right (though it is not obligated) to:

1. Decline or delete any content that, in FleAmerica’s reasonable judgment, breaches any fleamerica.com policies or is in any way detrimental or objectionable.
2. Terminate or deny access to the Website, as well as its usage, for any individual or entity, for any reason, at FleAmerica’s sole discretion.

It is essential to note that FleAmerica (“fleamerica.com”) has no obligation to issue refunds for any sums that may have been paid previously.

3 – Payment and Renewal.

• General terms. Upon selecting a product or service, you are affirming your commitment to pay FleAmerica (“fleamerica.com”) the specified one-time, weekly, monthly, or annual subscription fees (additional payment terms may be communicated through alternate channels). Subscription charges will be applied on a pre-pay basis starting from the day you opt for an Upgrade. These charges will cover the usage of the service for the indicated monthly or annual subscription duration. It is important to note that these payments are non-refundable.
• Automatic Renewal. In the event that you do not communicate your intention to cancel a subscription before the conclusion of the relevant subscription term, your subscription will be automatically renewed. By consenting, you authorize us to collect the applicable annual or monthly subscription fee (including taxes, if any) through any credit card or payment mechanism already on file. Should you decide to discontinue the service, you can promptly convey your cancellation request to FleAmerica (“fleAmerica.com”) in writing.

4 – Services.

• Fees; Payment. By enrolling in a Services account, you are committing to pay the stipulated setup fees and recurring charges established by FleAmerica (“fleAmerica.com”). The relevant fees will be invoiced upon the initiation of your services and will be charged in advance of using said services. FleAmerica (“fleAmerica.com”) retains the prerogative to revise payment terms and fees, providing you with a written notice of any changes at least thirty (30) days in advance. You maintain the option to terminate Services, with a thirty (30) days written notice to FleAmerica (“fleAmerica.com”).
  
• Support. If your service includes access to priority email support, it implies that you can request technical assistance through email anytime, with FleAmerica (“fleAmerica.com”) endeavoring to respond within one business day. This assistance pertains to the utilization of VIP Services. This “priority” support surpasses the standard or free FleAmerica (“fleAmerica.com”) services. All support will be provided in accordance with FleAmerica’s established service practices, procedures, and policies.

5 – Responsibility of Website Visitors. FleAmerica (“fleAmerica.com”) has not meticulously reviewed nor can it feasibly review all the content, including software, published on the Website. Consequently, FleAmerica (“fleAmerica.com”) cannot assume responsibility for the content’s accuracy, effects, or use. The operation of the Website should not be misconstrued as an endorsement of the content or its veracity. It is incumbent upon you to take necessary precautions to safeguard your computer systems against viruses, worms, Trojan horses, and other potentially harmful content. It is possible for the Website to contain offensive, indecent, or objectionable content, as well as material containing technical inaccuracies, typographical errors, and other inconsistencies. Additionally, the Website might encompass content that infringes upon the rights of third parties, violates privacy or publicity rights, or contravenes intellectual property and proprietary rights. The downloading, copying, or usage of such material might be subject to undisclosed terms and conditions. FleAmerica (“fleAmerica.com”) renounces any liability for the harm stemming from visitors’ use of the Website or their download of content therein.
6 – Content posted on Other Websites. FleAmerica (“fleAmerica.com”) has not undertaken a comprehensive review and cannot viably review all the material, including software, accessible through external websites linked to FleAmerica.net or linking to FleAmerica.net. FleAmerica lacks authority over these non-FleAmerica websites and webpages and bears no responsibility for their content or utilization. The decision to link to non-FleAmerica websites or webpages does not signify FleAmerica’s endorsement of such entities. It is your responsibility to implement suitable measures to shield your computer systems against viruses, worms, Trojan horses, and other detrimental content. FleAmerica (“fleAmerica.com”) disclaims any liability for the adverse consequences stemming from your engagement with non-FleAmerica websites and webpages.
7 – Copyright Infringement and DMCA Policy. Just as FleAmerica (“fleAmerica.com”) seeks respect for its intellectual property rights, it equally respects the intellectual property rights of others. If you believe that material hosted on or linked to by fleAmerica.com violates your copyright, you are encouraged to notify FleAmerica following FleAmerica’s Digital Millennium Copyright Act (“DMCA”) Policy. FleAmerica (“fleAmerica.com”) is committed to addressing these notices, including the necessary removal of infringing material or deactivation of links to such material. In cases where visitors are found to be repeat infringers of FleAmerica’s or others’ copyrights or intellectual property rights, FleAmerica (“fleAmerica.com”) retains the right to terminate their access to the Website, without any obligation to refund any amounts previously paid.
8 – Intellectual Property. This Agreement does not entail the transfer of any FleAmerica (“fleAmerica.com”) or third-party intellectual property rights to you. All rights, titles, and interests in and to such property shall remain exclusively with fleamerica.com, as between the parties. The trademarks and service marks “FleAmerica,” ” (“fleAmerica.com”),” the fleamerica.com logo, and all other graphical and textual elements used in conjunction with (“fleAmerica.com”) or the Website are either trademarks or registered trademarks of FleAmerica (“fleAmerica.com”) or its licensors. Additional trademarks, service marks, graphics, and logos integrated with the Website may belong to third parties. Your usage of the Website does not grant you the authority or license to reproduce or employ any FleAmerica (“fleAmerica.com”) or third-party trademarks.
9 – Advertisements. FleAmerica (“fleAmerica.com”) reserves the prerogative to display advertisements on your blog, unless you possess an ad-free account.
10 – Attribution. FleAmerica (“fleAmerica.com”) reserves the right to display attribution links such as “Blog at FleAmerica (“fleAmerica.com”),” theme author credits, and font attributions in your blog’s footer or toolbar.
11 – Partner Products. When activating a partner product (e.g., theme) from one of our associates, you acknowledge and accept the terms of service of that partner. You have the freedom to opt out of their terms at any time by deactivating the partner product.
12 – Domain Names. Should you register a domain name, utilize or transfer a previously registered domain name, you recognize and agree that the use of the domain name is governed by the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), encompassing their Registration Rights and Responsibilities.
13 – Changes. FleAmerica (“fleAmerica.com”) retains the discretion to alter or substitute any segment of this Agreement. It is incumbent upon you to periodically check this Agreement for any amendments. Your continuous access to or use of the Website following any modifications to this Agreement denotes your acceptance of those modifications. FleAmerica (“fleAmerica.com”) also reserves the right to introduce new features and/or services through the Website, subject to the terms and conditions of this Agreement.
14 – Termination. FleAmerica (“fleAmerica.com”) maintains the prerogative to suspend your access to the Website, wholly or partially, at any juncture, without cause or notice, and with immediate effect. Should you wish to terminate this Agreement or your fleabay.net account (if applicable), you can do so by discontinuing your use of the Website. However, in the context of a paid services account, FleAmerica (“fleAmerica.com”) can terminate such an account solely if you materially breach this Agreement and fail to remedy the breach within thirty (30) days after receiving notification from FleAmerica (“fleAmerica.com”). In the event of a general shutdown of our service, FleAmerica (“fleAmerica.com”) can terminate the Website immediately. All sections of this Agreement deemed to survive termination shall endure accordingly, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
15 – Disclaimer of Warranties. The Website is presented “as is.” FleAmerica (“fleAmerica.com”), its suppliers, and licensors hereby disclaim all kinds of warranties, be they express or implied. This encompasses warranties of merchantability, fitness for a specific purpose, and non-infringement. FleAmerica (“fleAmerica.com”) and its suppliers and licensors do not guarantee the Website’s error-free nature or the continuous or uninterrupted access thereto. You understand and acknowledge that the content or services downloaded from or acquired through the Website are at your own discretion and risk.
16 – Limitation of Liability. In no event shall FleAmerica (“fleAmerica.com”), its suppliers, or licensors be held liable under any contractual, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procuring substitute products or services; (iii) the interruption of usage or loss or corruption of data; or (iv) any amount surpassing the fees you paid to FleAmerica (“fleAmerica.com”) within the three (3) months prior to the cause of action. FleAmerica (“fleAmerica.com”) disclaims responsibility for any failures or delays due to circumstances beyond reasonable control. The aforementioned stipulations are not applicable if they contravene prevailing applicable law.
17 – General Representation and Warranty. You confirm and warrant that (i) your utilization of the Website aligns with the FleAmerica (“fleAmerica.com”) Privacy Policy, this Agreement, and all relevant laws and regulations (inclusive of local regulations and laws in your country, state, city, or jurisdiction). This involves online conduct, acceptable content, and any legalities pertinent to transmitting technical data out of the United States or your country of residence. (ii) Your use of the Website will not infringe or misappropriate any third-party intellectual property rights.
18- Indemnification. You consent to indemnify and shield FleAmerica (“fleAmerica.com”), its contractors, licensors, and respective directors, officers, employees, and agents from any and all claims and expenses (including attorney fees) arising from your utilization of the Website, including violations of this Agreement.
19 – Miscellaneous. This Agreement constitutes the comprehensive agreement between FleAmerica (“fleAmerica.com”) and yourself concerning its subject matter. It can only be modified through a written amendment endorsed by an authorized executive of FleAmerica or by (“fleAmerica.com”) posting a revised version. Except in instances where applicable law dictates otherwise, this Agreement, your access to or use of the Website, will be governed by the laws of Florida, U.S.A. The venue for any disputes related to this Agreement shall be the state and federal courts in Marion County, Florida. Disputes pertaining to intellectual property rights shall be settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”), through three arbitrators appointed as per those Rules. Arbitration proceedings shall occur in Ocala, FL, conducted in English, and the arbitral verdict may be enforced in any court. The prevailing party in any action enforcing this Agreement shall be entitled to attorney fees and costs. If any section of this Agreement is deemed invalid or unenforceable, that section will be construed in line with the original intent of the parties, with the remaining portions retaining full force and effect. Waiving any term or condition of this Agreement by either party in a specific instance will not relinquish that term or condition, or any future breach thereof. You possess the ability to assign your rights under this Agreement to a consenting party willing to adhere to its terms and conditions, while FleAmerica (“fleAmerica.com”) may transfer its rights under this Agreement without restrictions. This Agreement remains binding on and advantageous to the parties, their successors, and authorized assigns.