Flipstream Terms and Conditions

These Flipstream Terms and Conditions ("Terms and Conditions") are offered by iTrip, LLC ("Flipstream", "us", "we", or "our") in connection with its Flipstream service ("Service") and available through its site located at https://www.itrip.net/about/tos/flipstream and associated mobile application (the "Site"). Your use of the Services and the Site constitutes your agreement to be bound by these terms and conditions of use. If you disagree with any part of these Terms and Conditions then you may not access the Service.

Content

As part of the Service, you may submit, post, link, store, share and otherwise make available through the Site certain information, text, graphics, videos, or other material ("Content"). You hereby grant to Flipstream, its affiliates, and its parent and related companies, a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicenseable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Flipstream, its affiliates, and its parent and related companies, a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Content. You are responsible for the Content that you post to the Service, including its legality, accuracy, and suitability. You represent and warrant that (a) you are solely responsible for any and all Content you add using the Service and Site, and (b) you have all the rights necessary to add such Content as part of the Service through the Site. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

Intellectual Property

The Service, Site and any other materials (including software) provided by Flipstream to you (collectively, the "Materials") are and will remain the exclusive property of Flipstream and its licensors. The Service and Site are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Flipstream.

Claims of Intellectual Property Infringement

Flipstream respect the intellectual property rights of others, and asks those posting or transmitting any Content to or through the Site to do the same. If you believe that your work has been copied and/or infringed on this Site, you may notify Flipstream according to the notice requirements of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) ("DMCA") by sending the following information to Flipstream by mail to iTrip, LLC, Attn: Legal Department, 2035 Lakeside Centre Way, Suite 150,Knoxville, Tennessee 37922, United States:

Password Security

In order to use the Service, you must create an account. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Representations and Warranties

You hereby represent, warrant and agree that (a) you have all necessary authority, rights and permissions to submit the Content to the Site, (b) the Content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or any other intellectual property or other right of any third party, including any rights of privacy or publicity, (c) the Content and your use of the Site does not and will not violate any applicable federal, state, or local law or regulation including, but not limited to, any fair housing laws or regulations or applicable real estate licensure or brokerage regulations, or cause injury to any person, (d) the Content is complete, truthful, accurate and not misleading, (e) the Content has not been submitted in order to mislead, deceive or defraud or seek to mislead, deceive or defraud any other user of the Site, and (f) you will not mislead, deceive, defraud, seek to mislead, deceive or defraud, make any misrepresentations to, or seek to make misrepresentations to, any other user of the Site. Any violation or failure of these representations and/or warranties may result in immediate termination of your account on our Service, in our sole discretion.

Third-Party Sites

During the course of your visit to the Site, you may be taken to third-party websites to fulfill certain site features and functionality. You agree that when visiting third-party websites you are subject to the privacy policy and terms of service, if any, of that third-party website, which may differ from those of the Flipstream. By selecting links to such third-party websites, you agree that you will be leaving the Site and that Flipstream has no responsibility or liability whatsoever in connection with your use or your exchange of any information with such third-party websites. Flipstream do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites.

Termination of Service

You understand and agree that in Flipstream's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Flipstream may exercise any other remedy available and remove any Content, if it believes that your use of the Site and/or any Content you provide (a) violates (i) these Terms and Conditions, (ii) the rights of Flipstream, a licensor, or another user, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent or unlawful activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Flipstream for violations of these Terms and Conditions, and you consent to injunctive or other equitable relief for such violations without the requirement that Flipstream post a bond. Flipstream is not required to provide any refund to you if your Service is terminated as a result of Flipstream's determination, in its sole discretion, that you have violated these Terms and conditions.

Indemnification

You acknowledge that these representations concern facts that are material to Apartments.com. You agree to release, defend, indemnify and hold Apartments.com, its affiliates, licensees, licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content you provide, (ii) your use of the Services, Site or any reliance on the Materials, or (iii) your breach of these Terms and Conditions.

Limitation Of Liability

FLIPSTREAM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF FLIPSTREAM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO FLIPSTREAM. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FLIPSTREAM AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLIPSTREAM CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU.

Warranty Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Flipstream make no representations or warranties, expressed or implied, as to the accuracy or completeness of any information of the Service, that the Service will function uninterrupted, secure or available at any particular time or location, the Service is free of viruses or other harmful components; or the results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Flipstream may modify, suspend, discontinue or restrict the use of any portion of the Services or Site without notice or liability. By continuing to access or use the Service and/or Site after any such modification becomes effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. Flipstream's failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.

Last modified: April 7, 2023