Terms and conditions

FLYERS UNITE, LLC

TERMS OF USE

The terms and conditions stated herein (this “Agreement”) constitute a legal agreement between you and Flyers Unite, LLC, a Florida limited liability company (“Flyers Unite” or the “Company”). In order to use the Service (defined below) and the associated Application (defined below) you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by Flyers Unite (collectively, the “Service”), and downloading, installing or using any associated application or web service supplied by Flyers Unite which purpose is to enable you to use the Service (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time on Flyers Unite’s website and the Application.

Flyer’s Unite reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes. Flyers Unite also reserves the right at any time to change, suspend or terminate any of the services or benefits included in the Service, including, without limitation, changes to (or imposition of new) fees or other charges for services or benefits. Flyers Unite may from time to time offer services or benefits, all of which are subject to change, suspension or termination at any time and also are subject to additional fees or charges.

FLYERS UNITE DOES NOT OWN OR OPERATE AIR CRAFT CARRIERS, AND THE COMPANY IS NOT A REGISTERED AIR CARRIER. IT IS UP TO THE THIRD PARTY AIR CARRIER CHARTER OPERATOR (“OPERATOR”) TO PROVIDE THE AIR CHARTER SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF THE APPLICATION OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY AIR CHARTER SERVICES.

Flyers Unite offers its members access to a number of programs including private charters and semi-private charters. All charter flights are operated by U.S. 14 CFR Part 135 air carriers. Operators, and not Flyers Unite or the aircraft owner, are responsible for ensuring the safety of a flight and providing the charter services, including the flight crew and aircraft operations. Operators have authority from both the FAA and DOT to operate. Flyers Unite is NOT a registered U.S. 14 CFR Part 135 operator, nor does it provide air carrier services. Flyers Unite offers the method by which to obtain the services of the Operators, but in no way does it have any responsibility or liability for any charter services provided by third parties.

FLIGHT RESERVATIONS

You will be responsible for arranging flights through the Flyers Unite Application, Flyers Unite’s website(s) or other method acceptable to Flyers Unite. Acceptable methods may include email, text message or telephone with a Flyers Unite Aviation Specialist.

CONFIRMATION OF FLIGHTS

For private charters, Flyers Unite will confirm aircraft availability with the Operator, execute necessary documents to reserve the aircraft, and process payment. It is your sole responsibility to carefully review and verify all travel details reflected in the confirmation when completing the reservation. Upon your review and acceptance of the invoice or booking confirmation, any trip cancellations or modifications will be subject to applicable cancellation policies. Flyers Unite reserves the right to substitute any aircraft with one of similar or like kind.

PAYMENT FOR TRAVEL SERVICES

All Members shall be responsible for opening an account, providing payment authorizations for travel services and paying for Services according to the terms and conditions of this Agreement and any additional terms and conditions presented at the time of booking, which are incorporated herein by this reference. Members agree to open an account with Flyers Unite and to provide all requested information, including a credit card to be kept on file and used for pre-authorization/reservation and payment/capture for Services requested and authorized by you.

Prior to reserving an aircraft, Flyers Unite will provide you with an invoice quote that will outline the preliminary cost of the requested flight (“Invoice Quote”). Please note that the Invoice Quote might not include Additional Expenses as fully described below. Once you confirm and approve the Invoice Quote, you shall be responsible for authorizing payment for the Invoice Quote from your account using the available methods offered by Flyers Unite.

ADDITIONAL EXPENSES

Additional expenses (“Additional Expenses”) may be incurred for fuel surcharge or winter segment fee in order to provide for aircraft de-icing or hangaring, which may be itemized separately and appear as an added charge upon booking or at a later time if services are added or consumed after booking. Members are responsible for all Additional Expenses resulting from their or their guests’ use of the Service. Unless you inform and instruct us otherwise, charges related to such additional expenses will be charged to the Member’s credit card on file.

FINAL INVOICE

Flyers Unite will transmit a Final Invoice to you detailing the Member’s incurred charges prior to the flight or as soon thereafter as charges for Additional Expenses are provided by the Operator to Flyers Unite. In the event that any amount due from you to Flyers Unite hereunder remains unpaid for more than five (5) days beyond the date such amount was due to be paid, such outstanding amount shall be subject to interest at the lesser of 1.5% per month or the maximum amount of interest permitted by law. In the event that any form of payment provided by you to Flyers Unite is rejected and Flyers Unite incurs any fees as a result of such rejection (e.g., insufficient funds), you shall be responsible to reimburse Flyers Unite promptly for all such fees.

IDENTIFICATION AND TRAVEL DOCUMENTATION

In accordance with the United States Transportation Security Administration (“TSA”) regulations and additional government regulations you and your authorized guests are required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. For international flights, you and all additional passengers must have a valid passport in his or her possession as well as any required visas or entry documentation. Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulations without recourse or further obligation on behalf of Operator or Flyers Unite, which will be considered a cancellation without notice and may be subject to cancellation fees.

Flyers Unite will require you to provide detailed and accurate passenger information regarding all persons traveling pursuant to arrangements made by you, after or during the booking process. Such information has to be furnished to Flyers Unite no later than twenty four (24) hours prior to departure. You agree to timely provide to Flyers Unite all required information, and you acknowledge that failure to provide the information, providing inaccurate or incomplete information or failure to provide information in a timely manner may result in delaying a flight, the Operator or pilots electing to deny boarding, and may ultimately result in you and/or your guests missing the flight, which will be considered a cancellation without notice and may be subject to cancellation fees.

MISSED FLIGHTS

You agree that you are obligated to fly according to the Flight Itinerary provided by Flyers Unite which stipulates the departure time based on and in consideration of the preferred departure time indicated by you at the time of booking.

YOU MUST BE AT THE AIRCRAFT PREPARED TO TRAVEL AT THE DEPARTURE TIME INDICATED ON THE FLIGHT ITINERARY. FOR SEMI-PRIVATE CHARTER FLIGHTS, IF YOU ARE NOT AT THE AIRCRAFT AT LEAST 20 MINUTES PRIOR TO THE SCHEDULED DEPARTURE TIME READY TO FLY, YOU WILL HAVE MISSED THE FLIGHT, WHICH WILL BE CONSIDERED A CANCELLATION WITHOUT NOTICE.

For private charters, Pilots may wait up to 30 minutes after the indicated departure time as a grace period, but are under no obligation to do so. Any wait time after the 30 minute grace period may be subject to additional charges/fees. Should you miss a flight, you are solely responsible for alternate arrangements. You will be charged for the missed flight and payment will be rendered according to the terms and conditions of the confirmation and this Agreement, failing which, the pre-authorized credit card will be charged as provided for herein.

DISCLAIMER OF RESPONSIBILITY FOR DELAY/CANCELLATION, OTHER

Flyers Unite shall not be liable for any delay or failure to perform in connection with any flight, Service or in the performance of any obligation hereunder or for any unavailability or inaccessibility of the Application if such delay, unavailability, inaccessibility or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or orders of any government or agency, seizure of the aircraft under legal process, adverse weather conditions, inability to obtain fuel, aircraft damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or landing approvals, clearances or permits by governmental authority, denial of service attack, any other attack on the systems of Flyers Unite, scheduled maintenance of the Application or any other cause which is beyond the control of Flyers Unite. Flyers Unite is hereby released from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above. In no event shall you pursue Flyers Unite for any amount in excess of actual membership fees and Flyers Unite’s liability shall be strictly limited to an amount equivalent to the membership fee actually paid by you.

CONDUCT

If your conduct or the conduct of your guest endangers the aircraft or any passenger or property while on board, or you or your guests obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew, including but not limited to, those with respect to smoking in any form, drugs, alcohol, or use of any threatening, abusive or insulting words towards the crew or any behavior which causes discomfort, inconvenience, damage or injury to the crew or other passengers on the flight, we may take such measures as we deem necessary to prevent continuation of such conduct including restraint. You and/or your guests may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft. Further, in Flyers Unite’s discretion, your Flyers Unite membership privileges may be revoked permanently, without refund.

AIRCRAFT CONDITION

You agree to reimburse Flyers Unite for any and all reasonable costs and expenses incurred as a result of damage to the aircraft interior and/or exterior which is caused by carelessness or neglect by you or any of your guests. Flyers Unite may debit all flight expenses and other charges resulting from your or your guests’ use of the Service, including costs of damage to aircraft caused by you or your guests.

INSURANCE

It is the sole responsibility of the Operator to maintain liability insurance coverage. Flyers Unite is not liable for any claims arising in connection with the services of the Operator.

USE OF THE APPLICATION AND SERVICE

Key Content-related Terms

  • “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
  • “Flyers Unite Content” means Content that Flyers Unite makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.
  • “User” means a person who accesses or uses the Service or Application.
  • “User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.
  • “Collective Content” means, collectively, Flyers Unite Content and User Content.

REPRESENTATIONS AND WARRANTIES

By using the Application or Service, you expressly represent and warrant that you are legally entitled to and have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application and Service. Without limiting the foregoing, the Service and Application is not available for use by children (persons under the age of 18) without adult supervision. By using the Application or Service, you represent and warrant that you are at least 18 years old or will use the Service or Application under adult supervision. Your participation in using the Service and/or Application is exclusively for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. By accessing the Application and/or using Services, you expressly represent and warrant that you are not a (i) broker or professional buyer acting on behalf of an end client, either an individual or an entity, to charter an aircraft, (ii) travel agency, (iii) marketing agent selling aircraft charter(s) on behalf of aircraft operators, (iv) global distribution system (GDS’s), (v) online travel agent (OTA’s), or (vi) any other person or entity that sells travel to or facilitates travel for independent third parties. When using the Application or Service you agree to comply with all applicable laws from your home nation and the country, state and city in which you are present while using the Application and/or Service. You may only access the Service using the Application or other means expressly authorized by Flyers Unite. It is your responsibility to check to ensure you download the correct version of the Application for your device. Flyers Unite is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. Flyers Unite reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.

By using the Application or the Service, you agree that:

  1. You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
  2. You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
  3. You will not impair the proper operation of the network.
  4. You will not harm or attempt to harm the Service or Application in any way whatsoever.
  5. You will not copy, or distribute the Application or any content provided via Application or as a result of your use of Services without written permission from Flyers Unite.
  6. You will only use the Application and Service for your own use and will not resell it to a third party.
  7. You will keep secure the confidential information regarding your account, which allows access to the Service.
  8. You will provide us with whatever proof of identity we may reasonably request.
  9. You are aware that when requesting transportation services by SMS, standard messaging charges will apply.

LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY LICENSES GRANTED BY FLYERS UNITE ITS CONTENT AND USER CONTENT

Subject to your compliance with the terms and conditions of this Agreement, Flyers Unite grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Flyers Unite Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non- commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Flyers Unite or its licensors, except for the licenses and rights expressly granted in this Agreement.

LICENSE GRANTED TO USER

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to Flyers Unite a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application. Flyers Unite does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents and releases that are necessary to grant to Flyers Unite and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Flyers Unite’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

APPLICATION LICENSE

Subject to your compliance with this Agreement, Flyers Unite grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the any App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Flyers Unite reserves all rights in and to the Application not expressly granted to you under this Agreement.

ACCESSING AND DOWNLOADING THE APPLICATION FROM YOUR ELECTRONIC DEVICE

The following applies to any App Store Sourced Application:

You acknowledge and agree that (i) this Agreement is concluded between you and Flyers Unite only, and (ii) Flyers Unite, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.

Flyers Unite will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Flyers Unite may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Flyers Unite has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Flyers Unite reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Flyers Unite, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.

COPYRIGHT POLICY

Flyers Unite respects copyright law and expects its users to do the same. It is Flyers Unite’s policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

PAYMENT TERMS

Any fees that Flyers Unite may charge you for the Application or Service, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. Flyers Unite reserves the right to determine final prevailing pricing.

Flyers Unite, at its sole discretion, may make promotional offers with different features and different rates to any of its customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Flyers Unite may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service or Application.

SMS MESSAGING

If you select this feature, and have SMS service from one of the supported Carriers, you can get notified via SMS. Messaging and data rates may apply. If you change your mobile phone service provider the service may be deactivated and you will need to re-enroll in the notification service. Flyers Unite reserves the right to cancel the notification service at any time.

INTELLECTUAL PROPERTY OWNERSHIP

Flyers Unite alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by Flyers Unite.

The Flyers Unite name, Flyers Unite logo, and the product names associated with the Application and Service are trademarks of Flyers Unite or third parties, and no right or license is granted to use them.

THIRD PARTY INTERACTIONS

During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Flyers Unite and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. Flyers Unite does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall Flyers Unite or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Flyers Unite provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Flyers Unite disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

Flyers Unite may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Flyers Unite reserves the right to charge you a higher fee for the Service or Application should you choose not to receive these advertising services. Flyers Unite may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

INDEMNIFICATION

By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold Flyers Unite, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.

DISCLAIMER OF WARRANTIES

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INTERNET DELAYS

THE COMPANY’S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY LICENSED TRAVEL PROVIDERS FOR THE PURPOSES OF PROVIDING AIR CHARTER SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY TRAVEL PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY TRAVEL PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE.

THE QUALITY OF THE AIR CHARTER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO AIR CHARTER SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.

NOTICE

Flyers Unite may give notice by means of a general notice on the Service, electronic mail to your email address on record in Flyers Unite’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Flyers Unite’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Flyers Unite (such notice shall be deemed given when received by Flyers Unite) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Flyers Unite at the following addresses: Flyers Unite, LLC., 6751 North Federal Highway, Suite 100, Boca Raton, FL 33487.

ASSIGNMENT

This Agreement may not be assigned by you without the prior written approval of Flyers Unite but may be assigned without your consent by Flyers Unite to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

EXPORT CONTROL

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

GENERAL

Member acknowledges that no joint venture, partnership, employment, or agency relationship exists between you, Flyers Unite or any third party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Flyers Unite to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Flyers Unite in writing. This Agreement comprises the entire agreement between you and Flyers Unite and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Privacy Policy

Flyers Unite, LLC (the “Company,” “Flyers Unite,” “we,” “our” or “us”) is committed to protecting our visitors’ and members’ privacy. This Privacy Policy (this “Policy”) describes the types of information Flyers Unite may collect and how we may use that information to better serve visitors and members while using our mobile application (the “Application”), our Website (the “Website”) and the services offered by Flyers Unite (collectively, “Services”).

This Policy applies to information we collect:

  • Through the Website;
  • Through the Application;
  • In email, text and other electronic messages between you and Flyers Unite; and
  • When you interact with our advertising and applications on third-party websites, applications and services.

This Policy does not apply to information collected by us offline or through any other means or by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or the Application.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use the Application, the Website and Services. By accessing or using the Application, the Website or Services, you agree to this Policy. This Policy may change from time to time (see “Changes to this Privacy Policy”). Your continued use of the Application, the Website or Services after we make changes to this Policy is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

CHILDREN UNDER THE AGE OF 18

The Application and the Website are not intended for children under 18 years of age. However, due to the nature of our Services, Flyers Unite may collect and maintain travel information about children under the age of 18 when necessary to comply with aviation or security regulations, for safety or security reasons or as otherwise necessary for Flyers Unite to arrange transportation or other services requested by members and their guests.

We do not knowingly use information we collect about children known to be under the age of 18 for any marketing or promotional purposes. We use the information collected about children known to be under age 18 only to provide Services. We will disclose personal information about children if required by law, for example to comply with a court order or subpoena, or to protect the safety and security of members.

If you are under age 18, do not use or provide any information through the Application or the Website or through any of their features, do not make any purchases through the Application or the Website, do not use any interactive features of the Application or the Website and do not provide any information about yourself to us, including, but not limited to, your name, address, telephone number, email address or any screen name or user name you may use. If we learn that we have collected or received personal information from a child under age 18 without verification of parental or guardian consent, we will delete that information. If a child under age 18 has provided us with personal information without parental or guardian consent, the parent or guardian shall immediately contact Flyers Unite.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of the Application, the Website and Services, including information:

  • by which you and your guests may be personally identified, such as name, address, email address, telephone number, credit card and other payment information (such as bank account information), date of birth and government-issued identification number (e.g., social security number, national identification number, driver’s license number, passport number, etc.) (collectively “personal information”);
  • that is about you but individually does not identify you, such as geolocation, medical or health information (such as information required to accommodate a disability or food allergies) and information obtained from public records searches (e.g., civil and criminal court records, credit history, etc.);
  • that you provide to us in email, text and other electronic messages; and/or
  • about your internet connection, the equipment you use to access the Application and the Website and your usage details.

We collect this information directly from you when you provide it to us, automatically as you navigate through the Application or the Website (information collected automatically may include geolocation, usage details, IP addresses and information collected through cookies and other tracking technologies) and from third parties (for example, public records search services and other business partners). We will retain your information indefinitely from the time that the information is provided by you or collected by us.

The information we collect may include the following:

  • Information that you provide by filling in forms on the Application or the Website. This includes information provided at the time of registering to use the Application, applying for a Flyers Unite membership or requesting or purchasing Services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Application or the Website. Presently, upon registration, we collect from each user his or her full name, email address and phone number. In addition, for customers who use Services, we collect credit card number and other payment information, address, passenger name(s), date(s) of birth of passengers and copies of government-issued identification (e.g., driver’s license, passport, etc.). Upon registration with Flyers Unite, we develop a user profile to further customize the user’s experience.
  • Records and copies of your correspondence, if you contact us in any manner (including by mail/courier, email, text or other electronic messages).
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of Services you request.
  • Your search queries on the Application.

As you navigate through and interact with the Application or the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to the Application or the Website, including traffic data, logs and other communication data and the resources that you access and use on the Application or the Website.
  • Information about your geographic location (geolocation). We collect geolocation data to calculate your charter fare, to notify you of Services available near your location and to further customize your experience with Flyers Unite Services and other services that may be offered to members by Flyers Unite partners from time to time.
  • Information about your mobile device, computer and internet connection, including your IP address, operating system, browser type and device type. We use this information to provide you with the most up to date application and features.

We also may use these technologies to collect information about your activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically is statistical data and may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Application and the Website and to deliver better and more personalized Services, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the Application, the Website and Services according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to the Application or the Website.

Some content or applications, including advertisements, on the Application or the Website may be served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use the Application or the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your activities over time and across different websites, applications and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. The use of third parties’ tracking technologies is not covered by this Policy since we do not control these tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

  • To present the Application and the Website and their contents to you.
  • To provide you with information, products and services, including information about contests or promotions and other forms of direct marketing, availability of Flyers Unite Services and other services that may be offered to members by Flyers Unite partners from time to time and to inform you about changes to Services.
  • To provide you with notices about your account, including for billing and other purposes.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Application, the Website and products or services.
  • To allow you to participate in interactive features on the Application or the Website.
  • To assist us with improving and enhancing Services and optimizing operations and allocation of resources.
  • To provide you with the most up to date application and features and to assist with troubleshooting.
  • To help maintain the integrity of the data that is collected, stored and used by us.
  • For historical, statistical or research purposes.
  • To fulfill any other purpose for which you provide it.
  • In any other way we may describe when you provide the information.

We may use your information to contact you about our own and third parties’ goods and services that may be of interest to you. Our primary goal in collecting information is to provide you with an enhanced experience when using Services.

If you are located outside the United States, your information may be transferred outside the country or territory where the information is collected into the United States and/or into other jurisdictions for storage and for customer support purposes or for other purposes described in this Policy.

OUR DISCLOSURE OF YOUR INFORMATION

The Company may share aggregated information that includes non-identifying information and log data with third parties for industry analysis, demographic profiling and to deliver targeted advertising about other products and services.

We may disclose personal information that we collect or you provide as described in this Policy:

  • To our subsidiaries and affiliates and to providers of professional services (for example, outside legal counsel or accountants).
  • To contractors, service providers and other third parties we use to support our business. For example, we use third party companies and individuals to perform or facilitate Services (e.g., aircraft operators, food and beverage providers, services contracted on your behalf through our concierge team, etc.); to process payments; to collect, store and retrieve your personal information; to perform public records searches (e.g., civil and criminal court records, credit history, etc.); to host our job application process; and to perform services related to the Application and the Website (e.g., hosting services, maintenance services, database management, analytics and improvement of features, etc.).
  • To our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe may be of interest to you.
  • To fulfill the purpose for which you provide it. For example, if you choose to use our referral service to tell a friend about the Application or Services, we will ask you for your friend’s name and email address and we will automatically send your friend a one-time email inviting him or her to download the Application.
  • To a buyer or other successor to our business in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information about visitors and members who use the Application, the Website or Services is among the assets transferred.
  • For any other purpose disclosed by us when you provide the information.
  • We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory subpoena or other request.
  • To enforce or apply our Membership Agreement, Terms of Use, Charter Terms, or other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

You should not provide us your information if you do not want your information collected, used or disclosed as described in this Policy.

CORRECTING AND DELETING YOUR INFORMATION

You may contact Flyers Unite to request corrections to or deletion of personal information that you have provided to us. However, we cannot delete your personal information except by also deleting your user account (which may result in cancellation of your membership). We may not accommodate a request to change or delete information if we believe it would violate any law or legal requirement. We also may not accommodate a request to change information if we believe the change would cause the information to be incorrect.

CALIFORNIA PRIVACY RIGHTS

California Civil Code § 1798.83 permits users of the Application or the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact Flyers Unite directly.

SECURITY AND CONFIDENTIALITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to the Application or the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Application and the Website like message boards. The information you share in public areas may be viewed by other users.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Application or the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures.

CHANGES IN THIS PRIVACY POLICY

We may update this privacy statement to reflect changes to our information practices. Such changes will be effective upon posting on the Website. We encourage you to periodically review this page for the latest information on our privacy practices. If you have any questions or comments about our privacy policy, please contact us by mail at Flyers Unite LLC, 6751 North Federal Highway, Suite 100, Boca Raton, FL 33487.

 

Charter Terms

Flyers Unite, LLC (hereinafter referred to as “Flyers Unite”) agrees to act as agent on behalf of its end-users and members (collectively referred to as “Member”) to obtain private and/or semi-private charter services in accordance with the following terms and conditions (the “Terms and Conditions”). Member agrees to the Terms and Conditions by booking the aircraft through services provided by Flyers Unite.

Flyers Unite may amend or modify the Terms and Conditions from time to time. Such amendments and modifications to the Terms and Conditions will be effective upon Flyers Unite’s publication of the amended or modified Terms and Conditions on its website and the Flyers Unite application (“Application”). Member’s continued access to or use of the services offered by Flyers Unite or the Application after such posting constitutes Member’s consent to be bound by the amended or modified Terms and Conditions. Flyers Unite and Member are sometimes referred to herein collectively as “parties” and each a “party”.

  1. RELATIONSHIP

    Flyers Unite agrees to arrange air transportation services for Member to be provided by aircraft operators holding an air carrier certificate authorizing them to furnish air transportation services pursuant to Federal Aviation Regulations 14 C.F.R. Part 135 (“FAR Part 135”) (the “Program”). Member understands that Flyers Unite is not an aircraft operator and arranges private and semi-private jet charter services solely as a manager of the Program. For clarification purposes, “Private Jet Charter,” “Aircraft Charter,” “Private Charter” and “Charter” refer to using, booking, arranging or chartering an aircraft. All travel arrangements are made on-demand according to customer-directed itineraries and flight requirements under the Terms and Conditions, restrictions and limitations reflected herein. Operators, and not Flyers Unite or the aircraft owner, are responsible for ensuring the safety of a flight and providing the charter services, including the flight crew and aircraft operations. Flyers Unite is NOT a registered U.S. 14 CFR Part 135 operator, nor does it provide air carrier services. Flyers Unite offers the method by which to obtain the services of the operators, but in no way does it have any responsibility or liability for any charter services provided by third parties.

  2. ON-DEMAND CHARTER FLIGHT BOOKING CONFIRMATION

    Member will be responsible for reserving the aircraft through the Application, the Flyers Unite software, on Flyers Unite’s website, or with a Flyers Unite aviation specialist through email, text message, other means of electronic communication, telephone or facsimile. To confirm a booking and reserve an aircraft, Member must accept the Flight Quote (as defined below) and provide payment in full via credit or debit card or wire transfer. A charter flight will not be considered fully booked until the Flight Quote is accepted. Member must provide Flyers Unite with (1) all necessary documentation, including but not limited to: a scanned copy of the credit or debit card used for the purchase (front & back which MUST be signed), a scanned copy of valid identification for Member, and, if applicable, a signed Flyers Unite membership agreement. Once the fight quote is accepted, the aircraft will be considered booked and cancellation will be subject to the “Cancellation Policy” section below. Prior to the flight, Member will receive a flight itinerary.

  3. CONDUCT

    Flyers Unite requires Members and their guests to strictly adhere to the following rules of conduct in order to ensure a safe, friendly and respectful experience on flights arranged by Flyers Unite and at Flyers Unite sponsored events. These rules are not intended to restrict the rights of anyone but rather to ensure that all Members and their guests, as well as Flyers Unite and aircraft operator personnel, can expect to be safe and treated with dignity and respect at all times. If any Member or guest of a Member engages in conduct that Flyers Unite considers improper, offensive or likely to risk endangering the safety of other Members or their guests or Flyers Unite or aircraft operator personnel, then such Member or the Member who invited the guest who engaged in such conduct may be reprimanded or his or her membership may be suspended or terminated without refund and without prior warning. All determinations will be made in the sole discretion of Flyers Unite’s management.

    In addition, if the conduct of a Member or any of such Member’s guest(s): endangers the aircraft or any passenger or property while on board; obstructs or hinders the crew in the performance of their duties; fails to comply with any instruction of the crew, including, but not limited to, smoking in any form (including electronic cigarettes, vaporizers and similar devices) or use of drugs; involves the use of any offensive, threatening, abusive or insulting words towards the crew; or involves behavior which causes discomfort, inconvenience, damage or injury to the crew, then the crew may take such measures as it deems necessary to prevent continuation of such conduct, including restraint. A Member and/or such Member’s guest(s) may be disembarked and refused onward carriage at any point and may be prosecuted for offenses committed on board the aircraft.

    The following rules of conduct will be strictly enforced.

    1. Flyers Unite has zero tolerance for transportation or use of controlled substances, such as drugs and drug paraphernalia, regardless of whether certain substances may be considered legal in any states.
    2. Members and their guests must be respectful of other Members and their guests and of Flyers Unite and aircraft operator personnel.
    3. Flyers Unite has zero tolerance for any type of harassment or offensive behavior, including, but not limited to:
      • any kind of verbal or physical abuse, including abuse of Flyers Unite employees and representatives;
      • any form of discrimination;
      • the use of profane language, gestures, insults or similar behavior;
      • unwanted solicitation;
      • loud or boisterous behavior; or
      • creating strife, conflict or divisiveness within the Flyers Unite community.
    4. Members and their guests must observer proper etiquette on flights arranged by Flyers Unite and at Flyers Unite sponsored events.
    5. Members and their guests must maintain appropriate hygiene on flights. If someone’s hygiene is offensive to a reasonable passenger, then it would violate Flyers Unite’s rules of conduct.
    6. While Flyers Unite does not have a specific dress code on flights, Members and their guests must wear appropriate attire.
    7. Members and their guests must not cause damage to any aircraft or to amenities on any aircraft.
    8. Members and their guests shall respect the privacy rights of other members and their guests. No photos or videos may be taken of another passenger or shared on social media.
    9. Members and their guests have no authority to instruct aircraft crew in their job performance and duties.
    10. Members and their guests must strictly adhere to all policies, procedures, rules and regulations of the aircraft operators.

    Flyers Unite, in collaboration with crew members, will strictly enforce these rules of conduct. If a Member or a Member’s guest violates any of the rules outlined above, other Terms and Conditions and/or any state, federal or international laws, rules, or regulations Flyers Unite shall have a right to deny boarding and suspend or terminate his or her membership immediately and such Member will not be entitled to any refund of membership or initiation fees. Members are responsible for the conduct of their guests. At its sole discretion and depending on the severity of a violation, Flyers Unite might in its sole discretion choose to issue one warning prior to the termination of a membership. Flyers Unite shall not be responsible for alternative transportation if a Member or guest is denied boarding due to the violation of any of the rules above.

  4. FLIGHT QUOTE VALIDITY

    All flight quotes provided by Flyers Unite (the “Flight Quote”) are subject to aircraft availability, crew availability, and owner approval. All Flight Quotes are based on the information supplied by an operator and Flyers Unite does not guarantee the accuracy of any information contained in the Flight Quote. Member understands and agrees that the Flight Quote can change at any time prior to receiving a booking confirmation and agrees that Flyers Unite is not liable for any changes in the Flight Quote. Flyers Unite reserves the right to substitute Member’s selected aircraft with one of similar or like kind.

  5. INCIDENTAL FEES

    Flight Quotes may not include the following: catering, ground transportation, flight phone usage, flight internet (Wi-Fi) usage, any damage to the aircraft, or due to excessive use of the aircraft by Member or Member’s guests, additional flight time due to adverse weather conditions, international fees, additional landings, ramp, hangar or de-icing charges (the “Incidental Fees”). Further, in the event Member requests any significant changes (for example, different FBO, flight time change, etc.) and the operator accommodates such requests, Member agrees to pay on demand any additional costs associated with such changes. Member agrees to indemnify and reimburse Flyers Unite for any and all Incidental Fees, costs and expenses incurred as a result of damage and excess wear and tear to the aircraft interior and/or exterior determined to be caused by Member or any of Member’s guests. If Member incurs any Incidental Fees or additional charges or such charges are reasonably attributed to the Member by the operator that performed the flight of Flyers Unite’s personnel, Member authorizes Flyers Unite to charge his or her credit card upon completion of the flight or at the time such charges or the Incidental Fees are incurred, whichever occurs first.

  6. FUEL AND TAX SURCHARGES

    The Flight Quote is based on fuel costs as of the booking date. Flyers Unite reserves the right to adjust the fuel surcharge amount on Flight Quotes due to any increases in cost between the booking confirmation and the departure date. Flyers Unite reserves the right to adjust the fuel surcharge amount on Flight Quotes to charge for the amount of fuel actually used during the Flight. Member shall pay Flyers Unite on demand any such difference in amount of the increase in fuel cost.

    Member shall pay all applicable taxes related to the operation of the charter aircraft, including but not limited to: (i) federal and state excise taxes; (ii) international departure and arrival taxes; and (iii) other fees, taxes or charges imposed by any governmental or airport authority.

  7. INVOICE RECEIPT

    Flyers Unite will transmit an Invoice Receipt to Member detailing Member’s incurred charges. In the event that any sums due from Member to Flyers Unite remain unpaid for more than 5 days beyond the date such sums were due to be paid, any outstanding sums shall be subject to interest at the greater of 1.5% per month or the maximum amount of interest permitted by law. In the event that any form of payment provided by Member to Flyers Unite is rejected and Flyers Unite incurs any fees as a result of such rejection (e.g., insufficient funds), Member shall be responsible to reimburse Flyers Unite promptly for all such fees incurred by Flyers Unite.

  8. PAYMENT TERMS

    Payment is due in full upon booking and acceptance of the Flight Quote for all charter trips. Member will pay all segment fees and applicable taxes unless noted otherwise. When purchasing a flight through the Application, Flyers Unite software, on Flyers Unite’s website or through an aviation specialist, Member’s credit or debit card will be processed instantly.

    Member must notify Flyers Unite of a disputed charge within 5 days after the date of an invoice, receipt or bill on which such charge(s) first appeared. Upon expiration of such 5 day period, the charges will be considered final and undisputed.

  9. CANCELLATION POLICY

    Flyers Unite’s cancellation policy for all flights is described below.

    1. CANCELLATION BY MEMBER
      1. SEMI –PRIVATE FLIGHT CANCELLATION POLICY
        Semi-Private flights originated or created by Members, for which Members purchase less than the whole capacity of the aircraft, e.g., several seats, are non-refundable.
      2. PRIVATE CHARTER CANCELLATION POLICY
        Flyers Unite’s cancellation policy for private charter flights for the whole capacity of the aircraft cancelled by Member is as follows:
        Any cancellation within the 72 hour period prior to the scheduled flight departure will not relieve Member of its obligation to pay the entire charter price. Cancellation of any Flight Quote or portion thereof for air travel outside the domestic U.S. or air travel not originating in the U.S., will subject Member to a cancelation fee of 10% of contract price after the Flight Quote has been accepted, 25 % of contract price if canceled more than 30 days prior to departure date, 50% of contract price if canceled more than 14 days but less than 30 days prior to departure date, 80% of contract price if canceled more than 7 days but less than 14 days prior to departure date, and Member will be obligated to pay the full contract price if the Flight Quote or any flight segment is cancelled within 7 days from departure date. Confirmed departures within three (3) days of Peak Travel Days, as defined below, are non-refundable. Peak Travel Days include but are not limited to New Year’s Day, President’s Day, Easter Sunday, Passover, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas, Super Bowl or any other holidays recognized by any governmental authority. ALL EMPTY-LEG ONE WAY SEGMENTS ARE NON-CANCELLABLE AND THE FLIGHT QUOTE IS NOT REFUNDABLE. PAYMENT FOR SUCH SEGMENTS IS DEEMED EARNED IN FULL AT TIME OF ACCEPTANCE OF THE FLIGHT QUOTE.

    2. FORCE MAJEURE CANCELLATION BY FLYERS UNITE OR OPERATORS

      Flyers Unite is not liable for the delay or failure to provide a charter aircraft or perform the flight when such delay or failure is caused by Force Majeure. “Force Majeure” means an act of God, strike or lockout or other labor dispute, act of a public enemy, war (declared or undeclared), terrorism, blockade, revolution, civil commotion, fire, any weather-related event affecting safety of flight, flood, earthquake, explosion, governmental restraint, embargo, mechanicals, inability to obtain or delay in obtaining equipment, parts, or transport, inability to obtain or delay in obtaining governmental approvals, permits, licenses, or allocations, and any other cause outside of the complete control of Flyers Unite or operator, as applicable, whether or not of the kind specifically listed above. In addition, Member understands and agrees that when, in the sole discretion of an operator or the pilots of a charter aircraft, safety may be compromised, Flyers Unite, the operator or the pilots may cancel a flight, refuse to commence a flight, or take other necessary action without breaching its duties or obligations to Member or be liable for any loss, injury, damage, or delay. Notwithstanding the above, for a regularly scheduled, fully prepaid return or one way charter flight cancelled as a result of events outlined above, Flyers Unite will make commercially reasonable efforts to secure a substitute aircraft of similar cabin class. If Flyers Unite locates a replacement aircraft, the original Flight Quote will be adjusted based on the pricing of the replacement aircraft quote. Member will have a right to accept or decline the replacement aircraft.

  10. LIMITATION OF LIABILITY

    Flyers Unite does not own or operate any aircraft on which the flights are performed and does not carry any aviation insurance. Member understands and agrees that Flyers Unite is not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft or conveyance, or the negligence of any company or person engaged in conveying the passenger, or carrying out the arrangements for Member’s trip or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause. On behalf of themselves and their guests, Members understand and agree that Flyers Unite’s liability shall in any case be limited to the amount paid by Member to Flyers Unite within the 12 month period immediately preceding the event giving rise to such claim.

    MEMBERS, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE GUESTS (COLLECTIVELY, “MEMBER PARTIES”), AGREE TO ACCEPT THE PROCEEDS OF THE INSURANCE MAINTAINED BY OPERATOR AS THEIR SOLE RECOURSE AGAINST OPERATOR FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, INJURY, DEATH OR PROPERTY DAMAGE) TO ANY MEMBER PARTIES; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO IN THE EVENT OF OPERATOR’S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

    IN ALL CASES AND UNDER ALL CIRCUMSTANCES, OPERATOR OR FLYERS UNITE SHALL NOT IN ANY EVENT BE LIABLE TO MEMBER PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF OPERATOR (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.

  11. INSURANCE

    It is the sole responsibility of the aircraft operator to maintain liability insurance coverage. Members Parties understand and agree that Flyers Unite is not liable for any claims arising out of or in connection with the services of the aircraft operator.

  12. IDENTIFICATION AND DOCUMENTATION

    In accordance with the United States Transportation Security Administration (“TSA”) regulations and other Governmental regulations, Member and Member’s authorized guests are required to comply with all TSA regulations, and will be required to present valid identification prior to departure for all flights. For international flights, Member and each passenger must have a valid passport in his or her possession as well as any required visas or entry documentation. Operator has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulations without recourse or further obligation to the Member by the operator or Flyers Unite.

  13. ELECTRONIC SIGNATURE

    By purchasing a flight through the Flyers Unite mobile application, the Flyers Unite software, Flyers Unite’s website(s) or through an aviation specialist and selecting the “I Accept” button, Member accepts and agrees to these Terms and Conditions electronically. Member agrees that their electronic signature is the legal equivalent of their manual signature and that they will be legally bound by these Terms and Conditions.

Membership Agreement

By subscribing to Flyers Unite, LLC’s (“Flyers Unite”) membership you (“Member”) and Flyers Unite agree to the following terms and conditions (this “Agreement”) relating to the services provided in relation to Member’s subscription to Flyers Unite’s membership program. Flyers Unite may amend or modify this Agreement from time to time. Amendments and modifications to this Agreement will be effective upon Flyers Unite’s publication of such amendments or modifications on its website and the Flyers Unite mobile application (the “Application”). Member’s continued access or use of the Service or the Application after such posting constitutes Member’s consent to be bound by the amended or modified Agreement. Flyers Unite and Member are sometimes referred to herein collectively as “parties” and each a “party”.

  1. FLYERS UNITE’S PROGRAM AND SOFTWARE

    As one of the benefits of the membership program, Flyers Unite agrees to arrange air transportation services for Member and/or Member’s guests to be provided by aircraft operators holding an air carrier certificate authorizing them to furnish air transportation services pursuant to Federal Aviation Regulations 14 C.F.R. Part 135 (“FAR Part 135”) (the “Program”). Member understands that Flyers Unite is not an aircraft owner or operator and arranges private and semi-private jet charter services solely as a manager of the Program. For clarification purposes, “Private Jet Charter”, “Aircraft Charter”, “Private Charter”, “Semi-Private Charter” and “Charter”, refers to using, booking, arranging or chartering an aircraft according to customer-directed itineraries and flight requirements under the terms and conditions, restrictions and limitations reflected herein. Flyers Unite may provide access to its software including applications, websites, electronic social/commerce, marketplaces, and integrated communication tools, which form part of the Program, and are designed to enhance the user-experience, communications, service optimization, functionality and logistics of the Program (“Software”). Members and their guests can access and utilize such Program and Software only as stipulated and limited under the terms and conditions of this Agreement.

  2. MEMBERSHIP SERVICES

    In exchange for a membership fee, Flyers Unite provides access to numerous services and benefits that may include, but are not limited to, concierge service that can assist with various types of reservations, including hotel, restaurant, nightlife entertainment, yachts and cars; customer service of membership specialist; invitation to Flyers Unite organized events; sourcing aircraft for the purpose of Aircraft Charter; organizing aircraft reservation; coordinating payment; arranging in-flight services; flight tracking; and services as a charterer in organizing public charter flights (collectively, the “Services”). The specific Services a Member will have access to (and any limits on such Services) is based on the tier of membership that a Member purchases. Flyers Unite reserves the right to change, suspend or terminate any of the Services or benefits at any time, including, without limitation, changes, suspension or termination of any routes, types of aircraft used and/or operators that perform flights, and changes to (or imposition of new) fees or other charges for services or benefits. Flyers Unite may from time to time offer new routes, types of aircraft and other services or benefits, all of which are subject to change, suspension or termination at any time and also are subject to additional fees or charges.

  3. FEDERAL AVIATION REGULATION PART 135 OPERATIONS

    All flights under this Agreement are operated by a FAR Part 135 air carrier (the Operator), who shall have exclusive direction, control and authority over initiating, conducting or terminating flights (“Operational Control”). Flyers Unite is not a FAR Part 135 air carrier and does not provide air carrier services. The Operator performing the flight will be subject to, among other things, flight time and duty time restrictions, and airport limitations that may preclude or limit operations to certain airports and other applicable regulations and requirements. Member understands and agrees that the Operator shall have absolute discretion in all matters, including, without limitation, the preparation of the aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight will be performed, what route will be flown, and all matters relating to the operation of the aircraft. Member specifically agrees that the Operator shall have final and complete authority to cancel any flight for any reason or condition that in its sole and absolute judgment could compromise the safety of a flight and may take any other action that, in its opinion, is necessitated in consideration of safety. No such action of the Operator shall create or support any liability for loss, injury, damage or delay to Member. In addition, the Operator shall have the right to refuse boarding to any person: (a) who appears to be intoxicated or under the influence of any illicit or controlled substance drug; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by the Operator, or by government or airport authorities; (c) whose condition, including apparent illness or incapacity, in the sole judgment of the Operator could involve hazard or risk to himself, herself or others; or (d) who fails to provide proper identification.

  4. ACCEPTANCE OF MEMBERSHIP

    Member agrees to provide all information requested by Flyers Unite through the Application, software and forms provided online, via email or mail in accordance with Flyers Unite policies and procedures. Acceptance of Members into the Membership Program and renewal of Member’s Membership for an additional term is at the sole discretion of Flyers Unite. If upon application, Member is refused admission to the Membership Program, Flyers Unite will refund the Membership Fee, if any was charged, and there shall be no further obligation owed by either party. Flyers Unite reserves the right to revoke Member’s admission to the Membership Program at its sole discretion at any time during Member’s Membership term without refunding any Member’s Membership Fee paid to Flyers Unite.

  5. MEMBERSHIP FEE AND THE MEMBERSHIP ACCOUNT

    Member understands and agrees that he or she is obligated to pay a one-time initiation fee to activate his or her Membership, the amount of which will be determined by Flyers Unite from time to time and itemized on an invoice sent to Member (the “Initiation Fee”). The Initiation Fee or any portion of it is non-refundable. In exchange for access to the Membership Services, Member agrees to pay an annual membership fee during the entire Term (defined below) of this Agreement (the “Membership Fee”). The Membership Fee includes all applicable taxes. The Membership Fee is due on an annual recurring basis. Flyers Unite reserves the right to increase the Membership Fee from time to time, which increases will apply to existing Members upon renewal of Membership for subsequent Terms unless expressly agreed otherwise by Flyers Unite. Member agrees to provide Flyers Unite a credit card and authorizes Flyers Unite to automatically charge the Membership Fee to the credit card on file. Members shall provide new or updated credit card information promptly following expiration of the credit card on file. The Membership Fee is an access fee for use of the Service, is not a payment for air transportation, and is non-refundable, except as specifically provided herein, even if Member fails to utilize the Program or the Services. The Membership Fee is not amortized over time and not based on Member’s ability to purchase or use the Service.

  6. TERM

    Unless otherwise specified on the Membership Invoice or terms of a valid promotional membership offer, the Membership term is for a period of twelve (12) months (the “Term”), commencing on the day the Initiation Fee and the Membership Fee are paid in full (the “Effective Date”). Flyers Unite reserves the right to terminate and cancel Member’s Membership at any time and for any reason, including if Member breaches any terms or conditions of this Agreement or other agreements incorporated herein by reference. Member understands and agrees that if the Membership is cancelled due to Member’s breach of any terms or conditions of this Agreement or other agreements incorporated herein by reference, Member will lose all privileges, the Initiation Fee, Membership Fee and forfeit accrued flight credits and any additional benefits that might be available to Member. Flyers Unite will not owe any further obligation to provide any Services, credits or benefits to Member. Except as expressly provided herein, Member agrees that he or she will not be entitled to a refund of the Membership Fee, the Initiation Fee or any portion of it and will hold Flyers Unite harmless for the loss of the Service, credits or any additional benefits.

  7. RENEWAL AND TERMINATION

    Unless Flyers Unite determines not to renew, the Membership Term will be conveniently renewed automatically and you agree to be charged the applicable annual membership fee for the subsequent Membership Terms unless you provide Flyers Unite a written notice not to renew at least thirty (30) days prior to the expiration of any preceding Term. If Member’s credit card is declined, Member agrees to provide a different method of payment within three (3) business days. If Member fails to provide a different method of payment, and the Membership Fee is due and outstanding longer than ten (10) business days, the Member’s Membership will be cancelled, and Member will forfeit and lose the Initiation Fee and any other accrued benefits, including flight credits. Any outstanding charges shall remain due until paid in full.

  8. PROMOTIONAL MEMBERSHIPS

    At its sole discretion, Flyers Unite may offer certain Members trial or other promotional memberships with different features, which are subject to the terms of this Agreement, except as otherwise stated in the promotional offer. Promotional Membership is valid only for the period specified in the promotional offer. If no period is specified, Flyers Unite may terminate promotional Memberships at any time in its sole discretion.

  9. SERVICE LIMITATIONS

    Services are subject to Flyers Unite’s Terms of Use, Privacy Policy, and Charter Terms (collectively, “Terms and Conditions”). By entering into this Agreement, Member agrees to all Terms and Conditions and such Terms and Conditions are incorporated by reference herein. Flyers Unite may amend or modify its Terms and Conditions from time to time. Amendments will be effective upon Flyers Unite’s publishing of such amended or modified Terms and Conditions on its website and the Application. Member’s continued access or use of the Service after such posting constitutes Member’s consent to be bound by the Terms and Conditions, as amended or modified. Membership privileges are solely available to Member and cannot be lent, shared, transferred, leased or sold to any third party, except as specified in this Agreement or in a valid promotional offer. While Member can invite guests to join them on flights they arrange and pay for, they cannot lend their account to someone else to book flights or access the Service. The Member or the Member’s spouse must accompany any guests on flights arranged by the Member. Any breach of this section may result in Member losing privileges and membership cancellation with no further obligation to Member or recourse by Member. Member acknowledges that Flyers Unite is the manager of the Program and Service, and that the success of the Program and the ability to deliver the Service with high levels of customer satisfaction depends on a vibrant and cooperative membership. Member’s good faith cooperation regarding booking, cancellations, notices, departure times, itinerary flexibility, communication, payments and documentation and other aspects of arranging flights and other aspects of the Service is required. Any attempt to deliberately manipulate the Service or the Application by repeatedly placing and cancelling bookings or requests for flights, canceling requests and rebooking with slightly differing requirements, failure to authorize payment or pay for the Service as provided for herein, failure to maintain a valid credit card on-file and usable for pre-authorization/reserve and payment/capture, or failure to communicate effectively and in a timely manner regarding all aspects of coordinating the delivery of the Service, or other such actions which in Flyers Unite’s opinion disrupts Flyers Unite’s ability to deliver the Service, notwithstanding anything contained herein to the contrary, will result in Flyers Unite having the authority to reject Member’s trip requests without obligation and/or suspend or cancel Membership.

  10. NON-RELIANCE

    EACH MEMBER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT AND IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME, (A) NEITHER FLYERS UNITE NOR ANY OTHER PERSON ON FLYERS UNITE’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) EACH MEMBER ACKNOWLEDGES AND AGREES THAT IN DECIDING TO PURCHASE A MEMBERSHIP HE, SHE OR IT HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR DISCLOSURE MADE BY FLYERS UNITE OR ANY OTHER PERSON ON FLYERS UNITE’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME.

  11. PRIVACY OF MEMBER DATA

    Flyers Unite takes appropriate measures to maintain data regarding its Members and their guests confidential. Flyers Unite may be required to furnish Member and guest data, such as name, date of birth, and passport information, to comply with national and international security requirements or rules of governing bodies. It may also be necessary for Flyers Unite to provide names of persons on a flight and other information to third parties providing services related to a flight including to the operator and governmental authorities. Flyers Unite may use Member information to check the credit of Member in connection with its invoice collection efforts or to check the credit of Member and perform criminal and other background searches of Member in connection with evaluating whether to accept or continue Member’s membership in the Membership Program. Flyers Unite does not sell Member or guest data to third parties.

  12. LIMITATION OF LIABILITY

    Flyers Unite does not own or operate any aircraft on which the flights are performed and does not carry any aviation insurance. Furthermore, all partner benefits are provided and administered by the respective third parties that provide the services. Member understands and agrees that Flyers Unite is not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft or conveyance, or the negligence of any company or person engaged in conveying the passenger, or carrying out the arrangements for Member’s trip or providing any partner benefits or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause. On behalf of themselves and their guests, Members understand and agree that Flyers Unite’s liability shall in any case be limited to the amount paid by Member to Flyers Unite within the 12 month period immediately preceding the event giving rise to such claim.

    MEMBERS, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE GUESTS (COLLECTIVELY, “MEMBER PARTIES”), AGREE TO ACCEPT THE PROCEEDS OF THE INSURANCE MAINTAINED BY OPERATOR OR PARTNER AS THEIR SOLE RECOURSE AGAINST OPERATOR OR PARTNER FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, INJURY, DEATH OR PROPERTY DAMAGE) TO ANY MEMBER PARTIES; PROVIDED HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO IN THE EVENT OF OPERATOR’S PROVEN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN ALL CASES AND UNDER ALL CIRCUMSTANCES, OPERATOR OR FLYERS UNITE SHALL NOT IN ANY EVENT BE LIABLE TO MEMBER PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF OPERATOR (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.

  13. INSURANCE

    It is the sole responsibility of the aircraft operator or partner to maintain liability insurance coverage. Members Parties understand and agree that Flyers Unite is not liable for any claims arising out of or in connection with the services of the aircraft operator or any of its partners and affiliates.

  14. GOVERNING LAW / JURISDICTION

    This Agreement the Terms and Conditions (as defined in this Agreement) and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State of Florida without reference to the conflict of law principles of any jurisdiction. The Parties agree that in the event that any legal action, suit, or proceeding is brought against either of them arising out of or in connection with this Agreement and/or the Terms and Conditions shall be brought exclusively in state or federal courts located in Palm Beach County, Florida. The Parties irrevocably accept and submit to the exclusive jurisdiction in personam and waive any and all objections to the exercise of such jurisdiction.

  15. ASSIGNMENT

    This Agreement shall be binding upon and inure to the benefit of the parties. Member may not assign or transfer his or her rights or obligations without the prior written consent of Flyers Unite, which may be withheld at its sole discretion.

  16. CONSTRUCTION

    If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

  17. NOTICE

    Flyers Unite may give notice by means of a general notice through the Software, electronic mail to Member’s email address on record or by written communication sent to Member’s address on record. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing (if sent by first class mail) or twelve (12) hours after posting or sending it via email or other means of electronic transmission. Member may give notice to Flyers Unite (such notice shall be deemed given when received by Flyers Unite) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class mail postage prepaid with delivery confirmation to Flyers Unite at the following address: Flyers Unite LLC., 6751 North Federal Highway, Suite 100, Boca Raton, FL 33487.

  18. MISCELLANEOUS

    This Agreement together with the Terms and Conditions and other documents referenced herein and incorporated herein by reference constitute the entire agreement between the parties concerning its subject matter and supersedes any prior or contemporaneous agreements, understandings or proposals. Paragraph headings are for convenience of reference only and shall not affect or be utilized in construing or interpreting this Agreement. No provision of, right, power or privilege under this Agreement shall be deemed to have been waived by any act, delay, omission or acquiescence on the part of any party, its agents or employees, but only by an instrument in writing signed by an authorized representative of each party. This Agreement shall not be construed as creating a joint venture, partnership or other form of association or cooperative arrangement between Flyers Unite and Member. No waiver by any party of any breach or default of any provision of this Agreement by the other party shall be effective as to any other breach or default.

  19. ELECTRONIC SIGNATURES

    Member acknowledges that by selecting the “I Accept” button, Member accepts and agrees to these Terms and Conditions electronically. Member agrees that their electronic signature is the legal equivalent of their manual signature and that they will be legally bound by these Terms and Conditions. Electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or e-mail electronic signatures. Member’s access or use of the Service and the Application constitutes Member’s agreement to be bound by all terms and provisions of this Agreement (including the agreements and other documents referenced herein and incorporated herein by reference) as amended or modified from time to time.

  20. CONNECTICUT RESIDENTS’ RIGHTS

    Members who are legal residents of Connecticut have a right to cancel this Membership Agreement. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT BELOW. In the event Member residing in Connecticut chooses to exercise the cancellation right, Member agrees to pay Flyers Unite for any and all services that Member utilized prior to cancellation of his or her Membership at the published non-member rates.

NOTICE OF CANCELLATION

Date of Transaction is stated on your membership invoice.

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE BUYING CLUB OF YOUR CANCELLATION NOTICE. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE TO FLYERS UNITE LLC, AT 6751 NORTH FEDERAL HIGHWAY, SUITE 100, BOCA RATON, FLORIDA 33487 NOT LATER THAN MIDNIGHT OF THE THIRD DAY FOLLOWING THE DATE OF TRANSACTION AS STATED ON YOUR MEMBERSHIP INVOICE.

I HEREBY CANCEL THIS TRANSACTION.

(Date)

(Signature)