Sign In
Sign in for free to access to in any of our products
Terms of Service
This Terms of Service (“Terms”) is a legally binding agreement between Mount Promo LLC (“Company”), including its online presence—such as the YouTube channel FLXcompass and the website flxcompass.com (collectively, the “Site” or “Services”)—and any person or entity (“you,” “User,” or “Customer”) who accesses, uses, or purchases from these Services. Mount Promo LLC is a Limited Liability Company formed under and subject to the laws of the State of New York. By using or accessing the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any provision in these Terms, you must not use or access the Services.
1. Acceptance of Terms
1.1 Binding Agreement
By accessing or using the Site, Services, or any offerings provided by Company, you agree to these Terms. If you are using the Site on behalf of another person or a business entity, you represent and warrant that you have the authority to bind that person or entity to these Terms.
1.2 Updates or Modifications
Company reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time. All changes to the Terms of Service will be posted at flxcompass.com/terms-of-service. Your continued use of the Site after any posted modifications indicates your acceptance of the updated Terms.
2. User Conduct Rules & Content Guidelines
2.1 Prohibited Activities
When using the Site or Services, you agree not to:
- Post, upload, or transmit any content that is unlawful, defamatory, libelous, threatening, harassing, pornographic, obscene, abusive, or otherwise objectionable.
- Infringe on any intellectual property or other proprietary rights of any party.
- Misrepresent your affiliation with a person or entity, or impersonate any other person.
- Collect or store personal data about other users without their express permission.
- Engage in any activity that disrupts or interferes with the Site’s functionality or the servers and networks connected to it.
- Use the Site to distribute spam or other unsolicited messages.
2.2 User-Generated Content
- You are solely responsible for all content that you post, upload, or otherwise make available through the Services.
- By posting content, you represent and warrant that you have all necessary rights to do so, and that such content does not violate any third-party rights or any laws.
- The Company reserves the right, but is not obligated, to remove any User content that it deems violates these Terms or is otherwise objectionable.
3.Intellectual Property Rights
3.1 Company IP
All materials on the Site, including (but not limited to) text, graphics, logos, videos, and software, are owned by or licensed to Mount Promo LLC and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the Site without the Company’s prior written consent.
3.2 User-Generated Content License
By submitting content to the Site (e.g., comments, posts), you grant Company a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, display, reproduce, adapt, publish, distribute, and promote your content in connection with the operation of the Services and/or marketing efforts.
4.Limitations of Liability and Disclaimers
4.1 “As Is” Basis
The Site and Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
4.2 No Guarantee of Availability or Accuracy
Company does not guarantee that the Site or Services will be uninterrupted, error-free, or secure, nor does it guarantee the accuracy or completeness of any information provided.
4.3 Limitation of Liability
To the maximum extent permitted by law, in no event shall the Company, its affiliates, officers, directors, employees, or agents be liable to you for any indirect, special, incidental, consequential, or punitive damages (including lost profits, lost data, or business interruption), whether based on warranty, contract, tort (including negligence), or any other legal theory, arising out of or related to your use or inability to use the Services.
4.4 Limitation of Remedies
If, notwithstanding the limitations above, the Company is found liable for any loss or damage arising out of or in connection with the Services, its liability shall in no event exceed the total amounts paid by you to the Company in the three (3) months preceding the event giving rise to the claim.
5. Indemnification Clause
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of and access to the Site or Services;
- Your violation of any provision of these Terms;
- Your violation of any third-party right, including without limitation any intellectual property, confidentiality, or privacy right; or
- Any claim that your user-generated content caused damage to a third party.
Termination or Suspension of User
6.1 Right to Terminate
Company may, in its sole discretion, suspend or terminate your access to the Site or Services at any time for any reason, including but not limited to a breach or suspected breach of these Terms.
6.2 Effect of Termination
Upon suspension or termination of your account, your right to access or use the Services immediately ceases. Company shall not be liable to you or any third party for termination of your account or for removing your content.
7.Governing Law and Dispute Resolution
7.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law provisions.
7.2 Arbitration
Agreement to Arbitrate: Users and Customers agree that any dispute or claim arising out of or in connection with the Services or these Terms shall be resolved exclusively by final and binding arbitration administered by a recognized arbitration provider in New York.
Location and Procedure:The arbitration will be conducted in Monroe County, in the English language, and the arbitrator’s decision will be based on the substance of the relevant laws of the State of New York.
Exceptions: Either party may bring a claim in small claims court if the claim qualifies. Either party may seek injunctive relief or equitable remedies in a court of competent jurisdiction if necessary to protect intellectual property rights or to prevent irreparable harm.
7.3 Waiver of Class Actions
You agree to resolve disputes with the Company on an individual basis, and that any claims brought under these Terms will be on an individual basis, not as a plaintiff or class member in any purported class or representative proceeding.
8.Privacy and Data Protection Reference
8.1 Privacy Practices
Company respects your privacy. We do not share or sell any User information or usage data with any third party, except as described in our Privacy Policy and required by law. Please review our complete [Privacy Policy](flxcompass.com/privacy-policy) to understand how we collect, use, and protect your information.
8.2 User Consent
By using the Services, you consent to the collection and use of your personal information as described in our Privacy Policy.
9.Modification of the Terms
Company reserves the right to modify, alter, or update these Terms at any time as needed. Any changes will be posted at flxcompass.com/terms-of-service , and your continued use of the Services after such modifications constitutes acceptance of the updated Terms.
Discover places to go and things to do and support local businesses in the Finger Lakes.
Explore