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Give A Flight, LLC. dba GiveAFlight.com
Terms of Service
Last Updated 11/30/2013
This Agreement ("Agreement") is by and between Give A Flight, LLC. ("GiveAFlight.com") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of GiveAFlight.com and purchase of Flight Certificates and explains GiveAFlight.comís obligations to You and Your obligations to GiveAFlight.com in relation to the Flight Certificates You purchase.
This Agreement as well as any additional GiveAFlight.com policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and GiveAFlight.com.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with GiveAFlight.com, whether or not the transactions were in Your behalf. You acknowledge that GiveAFlight.com ís acceptance of any application made by You for Services provided by GiveAFlight.com will take place at GiveAFlight.com ís offices located in New York, USA.
The Flight Certificate Recipient will be flying in a light aircraft. Flying in light aircraft can result in serious injury or even death. GiveAFlight.com does not operate any flights. Flights are operated by independently owned and operated flight schools, who are regulated by the FAA.
By using this Web Site or purchasing Flight Certificate(s) You are agreeing to Indemnify GiveAFlight.com in accordance with the Indemnification section and other applicable sections of this agreement.
You agree to pay GiveAFlight.com at the time You order. All fees are due immediately even if Your Flight Certificate(s) are suspended or terminated prior to the end of the term. GiveAFlight.com expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing a valid credit card.
If for any reason GiveAFlight.com is unable to charge Your Payment Method for the full amount owed GiveAFlight.com for the Services provided, or if GiveAFlight.com is charged a penalty for any fee it previously charged to Your Payment Method, You agree that GiveAFlight.com may pursue all available remedies in order to obtain payment.
Generally, Flight Certificates are non-refundable. GiveAFlight.com may decide to issue a refund. Refund decisions are made on a case-by-case basis. Refunds are only considered if the Flight Certificate has not been redeemed. If You desire a refund You should contact GiveAFlight.com. GiveAFlight.com contact information is available on the Contact Us page on the GiveAFlight.com Web Site.
Flight Certificates are Non-Transferable
Flight Certificates purchased by You and provided to You by GiveAFlight.com are only to be used by You or the recipient You specified during the orginal transaction. Gift certificates are non-transferable and may not be used by any other third party.
Flight Certificates Have No Cash Value
Flight Certificates purchased by You and provided to You by GiveAFlight.com have no cash value. Flight Certificates can only be redeemed for services listed on the Flight Certificates.
Flight Certificate Expiration
Flight Certificates purchased by You and provided to You by GiveAFlight.com expire after 6 months or in accordance with the applicable gift certificate laws in the State in which the gift certificate is to be redeemed.
The expiration date of the Flight Certificate(s) purchased by You and provided to You by GiveAFlight.com can be extended if You or the recipient contacts GiveAFlight.com within 6 months of the time of purchase. GiveAFlight.com contact information is available on the Contact Us page on the GiveAFlight.com Web Site.
Participating Flight Schools
Flight Certificates purchased by You and provided to You by GiveAFlight.com are only to be used by You or the recipient at the Participating Flight School You specified during the orginal transaction. If you wish to change Your Flight School selection You must contact GiveAFlight.com. GiveAFlight.com contact information is available on the Contact Us page on the GiveAFlight.com Web Site.
The Participating Flight School may choose not to perform the Flight Lesson specified on the Flight Certificate if the Participating Flight School feel performing the flight will not be safe. The Participating Flight School will re-schedule the flight lesson. If the Participating Flight School refuses service to the Flight Certificate Recipient for reasons other than stated in the Flight Certificate Recipient Requirements of this Agreement then the Participating Flight will refund the face value of the Flight Certificate to the Recipient.
Flight Certificate Recipient Requirements
Except as specified in the next paragraph ("Age and Citizenship Exceptions"), You agree not to purchase Flight Certificates for any person that is not at least 18 years of age or that is not a United States Citizen. If GiveAFlight.com has reasonable grounds to suspect that the Flight Certificate Recipient does not meet these requirements, GiveAFlight.com has the absolute right, in its sole discretion, to terminate any Flight Certificates purchased and close Your account.
Age and Citizenship Exceptions
Participating Flight Schools may individual select to allow flights where the recipient is not a United States Citizen or under the age of 18. A list of Participating Flight School who elect to allow Non United States Citizens or person under the age of 18 can be found on the GiveAFlight.com Web Site.
All recipients under of the age of 18 must be accompanied by a parent or guardian at the time of their flight. If a parent or Gaurdian is not present the Participating has the absolute right, in its sole discretion, to terminate any Flight Certificates purchased. The Participating Flight School also has the absolute right to change its polocies regarding age and citizenship at any time without notice.
Participating Flight Schools may individual select whether to allow passengers on Discovery Flights. A list of Participating Flight School who allow passengers can be found on the GiveAFlight.com Web Site. Participating Flight Schools may charge an additional fee per passenger.
The fact the a Participating has agreed to allow passengers does not garuntee that the passenger will be allowed at the time of flight. Many times a 4 seat aircraft will not be available or the recipient, flight instrcutor, and or passenger may exceed the weight limits of the aircraft.
The Participating Flight School has the absolute right, in its sole discretion, whether or not to allow passengers at the time of the flight.
Terms of Agreement; Modifications
You agree that GiveAFlight.com may modify this Agreement and the Services from time to time. You agree to be bound by any changes GiveAFlight.com may reasonably make to this Agreement when such changes are made. If You have purchased Flight Certificate(s) from GiveAFlight.com , the term of this Agreement shall continue in full force and effect as long as Your Flight Certificate is valid. In the event You terminate Your usage, GiveAFlight.com may not refund any amounts You have paid. You agree that GiveAFlight.com shall not be bound by any representations made by third parties who You may use to purchase Services from GiveAFlight.com, and that any statement of a general nature, which may be posted on GiveAFlight.com ís Web site or contained in GiveAFlight.com ís promotional materials, will not bind GiveAFlight.com. GiveAFlight.com may, at times, offer certain promotions with different charges and features.
You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, and credit card number (collectively, the "Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify GiveAFlight.com immediately of any unauthorized use of Your account or any other breach of security. You agree GiveAFlight.com will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by GiveAFlight.com or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. GiveAFlight.com specifically disclaims liability for any activity in Your account, whether authorized by You or not.
As a condition of Your use of GiveAFlight.com and purchase of Flight Certificates, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to GiveAFlight.com if, for any reason, GiveAFlight.com takes corrective action with respect to Your improper or illegal use of its Services.
GiveAFlight.com reserves the right at all times to disclose any information as GiveAFlight.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GiveAFlight.com's sole discretion.
If You have purchased Flight Certificate(s), GiveAFlight.com has no obligation to monitor Your use of the Flight Certificate(s). GiveAFlight.com reserves the right to review Your use of the Flight Certificate(s). GiveAFlight.com reserves the right to terminate Your account to the Flight Certificate(s) at any time, without notice, for any reason whatsoever.
GiveAFlight.com reserves the right to terminate Flight Certificate(s) if Your usage of the Flight Certificate(s) results in, or is the subject of, legal action or threatened legal action, against GiveAFlight.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. GiveAFlight.com may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
Representations and Warranties
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf.
Limitation of Liability
IN NO EVENT SHALL GiveAFlight.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING INJURY OR LOSS OF LIFE, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE WEB SITE OR GIFT CERTIFICATES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF GiveAFlight.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GiveAFlight.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Flight Certificates are provided on an "As Is" and "As Available" basis. GiveAFlight.com makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. GiveAFlight.com does not warrant, nor make any representations regarding the use of the Flight Certificates or any other services it may provide, in terms of their correctness, accuracy, reliability, or otherwise.
You agree to defend, indemnify and hold harmless GiveAFlight.com and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with GiveAFlight.com whether or not on Your behalf, and whether or not with Your permission) use of GiveAFlight.com or Flight Certificate(s) You purchased from GiveAFlight.com or Your breach of this Agreement or incorporated agreements and policies.
In addition, You agree to indemnify and hold GiveAFlight.com harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You.
Should GiveAFlight.com be notified of a pending law suit, or receive notice of the filing of a law suit, GiveAFlight.com may seek a written confirmation from You concerning Your obligation to indemnify GiveAFlight.com . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that GiveAFlight.com shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify GiveAFlight.com of any such claim promptly in writing and to allow GiveAFlight.com to control the proceedings. You agree to cooperate fully with GiveAFlight.com during such proceedings. You agree to cooperate fully with GiveAFlight.com during such proceedings.
You agree You will not be entitled to a refund of any fees paid to GiveAFlight.com if, for any reason, GiveAFlight.com takes corrective action with respect to Your improper or illegal use of its services. You also agree that if GiveAFlight.com is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with GiveAFlight.com, that GiveAFlight.com, in its sole discretion, may take whatever action GiveAFlight.com deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
This agreement shall be deemed entered into in the State of Virginia.
Notices from You to GiveAFlight.com shall be made by email:
Give A Flight LLC
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.