FLIGHTLINE

TERMS OF SERVICE


Date of Last Revision: June 12, 2023


Welcome to FlightLine!


FlightLine Technologies, Inc. (“FlightLine,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.GoFlightLine.com (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.


PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FLIGHTLINE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.


In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.goflightline.com/privacy_policy. All such terms are hereby incorporated by reference into these Terms of Service.


GENERAL TERMS

Access and Use of the Service


Service Description: FlightLine provides a virtual marketplace for pilots, flight instructors and owners of general aviation aircraft to arrange, reserve and book aircraft rentals and flight instruction time (each, a “Reservation”), and manage aircraft ownership and maintenance.


Eligibility: If you are under 18 years of age, you are not authorized to use the Service. Any use of the Service by anyone under the age of 18 is expressly prohibited.


Your Registration Obligations: In order to access and use certain features of the Service, you may be required to register and create an account with FlightLine (“FlightLine Account”). If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.


FlightLine Account; Password and Security: You may control your FlightLine Account and how you interact with the Service by changing the settings on your Settings page. When creating your FlightLine Account or uploading content to the Service through your FlightLine Account, you represent and warrant that you will provide accurate and complete information. You are expected to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your FlightLine Account. You are responsible for maintaining the confidentiality of your password and your FlightLine Account, if any, and are fully responsible for any and all activities that occur under your password or FlightLine Account. You agree to (a) immediately notify FlightLine of any unauthorized use of your password or FlightLine Account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. FlightLine will not be liable for any loss or damage arising from your failure to comply with this Section.


Ongoing Information Updates: You promise to update the information you have provided to FlightLine in the event of any changes to your aircraft qualifications, flight record, contact information, or background. Specifically with respect to your contact information, FlightLine may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us.


Modifications to Service: FlightLine reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FlightLine will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


Definitions: As used herein, “Pilots” are individuals or groups looking to rent aircraft and log flight time, “Instructors” are flight instructors certified to fly certain aircraft and looking to provide instruction for Pilots who are uncertified in certain aircraft, and “Owners” are owners of the aircraft. Pilots, Instructors and Owners together are hereinafter referred to as “Users”. If you agree on the terms of a Reservation with another User, you and such other User form a Flight Agreement (as defined below) directly between the two of you as set forth in more detail below. FLIGHTLINE DOES NOT ARRANGE RESERVATIONS AND DOES NOT EMPLOY INDIVIDUALS TO RENT OUT, PROVIDE, OR MAINTAIN AIRCRAFT, OR PROVIDE FLIGHT INSTRUCTION. FLIGHTLINE DOES NOT SUPERVISE, DIRECT OR CONTROL A PILOT’S OR INSTRUCTOR’S WORK, THE OPERABILITY OR AVAILABILITY OF THE AIRCRAFT OR THE RESERVATION IN ANY MANNER, WHICH EACH USER HEREBY ACKNOWLEDGES.


Service Only a Venue: We are not a flight instruction service, aircraft rental service, or aircraft provider, and do not conduct any form of instruction or aircraft maintenance, nor are we responsible for any experiences flying or the condition of any aircraft prior to or following a Reservation. We do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Reservations, Pilots, Instructors, Owners, aircraft, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. We make no representations about the suitability, reliability, timeliness, or accuracy of the Reservations requested and aircraft and services provided by Users identified through the Service whether in public, private, or offline interactions. Our Service allows Pilots to connect with Owners and Instructors and arrange for local aircraft rentals and flight instruction. We are solely a passive conduit to facilitate communication between Pilots, Instructors and Owners subject to these Terms of Service.


General Practices Regarding Use and Storage: You acknowledge that FlightLine may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on FlightLine’s servers on your behalf. You agree that FlightLine has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that FlightLine reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that FlightLine reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.


Communications: By using the Service and accepting these Terms of Service, you agree that we may communicate with you regarding FlightLine and other entities using the contact addresses and/or phone numbers you provide to us in connection with your FlightLine Account, including without limitation via automated emails, SMS text messages, cellular or telephone calls, and push notifications (if applicable) to authenticate you as a User; confirm your signup or Reservation; provide notices regarding your FlightLine Account or FlightLine Account activity; investigate or prevent fraud; collect a debt owed to us; communicate urgent messages; or provide you with marketing messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. You hereby acknowledge and agree that when requesting services through the Service, you are consenting to be contacted by us by telephone (on a recorded line), automated calling, artificial voice or pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company and further that standard text messaging and call charges will apply. IF YOU WOULD LIKE TO OPT OUT OF PROMOTIONAL EMAILS YOU MAY UNSUBSCRIBE VIA THE LINKS PROVIDED IN SUCH EMAILS. IF YOU WOULD LIKE TO OPT OUT OF TEXT MESSAGES OR CALLS YOU MAY TEXT “STOP” FROM THE DEVICE RECEIVING SUCH COMMUNICATIONS TO THE SOURCE NUMBER OF SUCH COMMUNICATIONS AS YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL SMS TEXT MESSAGES OR PHONE CALLS AS A CONDITION OF USING THE SERVICE. IF YOU WOULD LIKE TO OPT OUT OF ALL COMMUNICATIONS FROM US, PLEASE CONTACT US [SUPPORT@GOFLIGHTLINE.COM] OR VIA THE CONTACT INFORMATION PROVIDED AT THE BOTTOM OF THESE TERMS, HOWEVER, YOU ACKNOWLEDGE THAT THIS MAY AFFECT YOUR ABILITY TO EFFECTIVELY USE THE SERVICE.


Pilots, Instructors and Owners


User Vetting: Users may be subject to an extensive vetting process before they can register for and during their use of the Service, including but not limited to a verification of identity, pilot certificate, medical certificate, aircraft airworthiness .


Consumer Report Authorization: When you make a Reservation, create a FlightLine Account, or at any time after where FlightLine reasonably believe there may be an increased level of risk associated with your FlightLine Account, you provide FlightLine with written instructions and authorization in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar federal and state laws, to obtain your personal and/or business insurance score, and/or credit report where permissible under applicable law.


Disclaimer: Although we may perform background checks of Users and aircraft, as outlined above, we cannot confirm that each User is who they claim to be or the condition, quality, reliability or authenticity of any aircraft, and therefore, we cannot and do not assume any responsibility for the accuracy or reliability of identity, pilot certificate, medical certificate, aircraft airworthiness, or background check information or any information provided through the Service. When interacting with other Users and operating aircraft, you should exercise caution and common sense to protect your personal safety and property, as well as the safety of the people around you and the aircraft, just as you would when interacting with other persons whom you don’t know or flying any aircraft for which you are certified.NEITHER FLIGHTLINE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE, OR ANY RESERVATION OR FLIGHT INVOLVING ANY USER, AND YOU HEREBY RELEASE FLIGHTLINE AND ITS AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED THERETO. FLIGHTLINE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DEATH OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY RESERVATION OR FLIGHT IN CONNECTION THEREWITH, INCLUDING BUT LIMITED TO THE CONDITION OR AVAILABILITY OF ANY AIRCRAFT OR INSTRUCTOR, ANY MALFUNCTION OF OR DEFICIENCY IN AN AIRCRAFT, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF AIRCRAFT PASSENGERS OR BYSTANDERS. ANY LIMITATION OF FLIGHTLINE’S LIABILITY WITH RESPECT TO LIABILITY ARISING FROM FLIGHTLINE’S NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT MAY NOT BE ENFORCEABLE WITH RESPECT TO USERS OF THE SERVICE IN CERTAIN JURISDICTIONS.


Reservations: Users may arrange for either solo Reservations, in which an individual Pilot can book a Reservation with an Owner for an aircraft for which the Pilot is certified (as determined in the sole discretion of FlightLine), at an agreed time and place (“Solo Flights”), or Reservations with an Instructor, in which a Pilot may arrange with an Owner for an aircraft and an Instructor certified to fly such aircraft (“Instructor Flights”). Owners may provide availability for certain aircraft, flight times and places and have the opportunity to preapprove, confirm or reject requests for either type of Reservation by Pilots. If you are an Owner and a Reservation is requested by a Pilot, you will be required to either preapprove, confirm or reject the Reservation request within the applicable request period, otherwise the Reservation request will automatically expire. Instructors may provide their availability for certain aircraft, flight times and places and have the opportunity to preapprove, confirm or reject requests for Instructor Flights by Pilots. If you are an Instructor and an Instructor Flight is requested for your services by a Pilot, you will be required to either preapprove, confirm or reject the Instructor Flight request within the applicable request period, otherwise the Instructor Flight request will automatically expire.


Relationship Between Users: You acknowledge and agree that a contract (the “Flight Agreement”) is formed when you agree on the terms of a Reservation with another User which terms include (1) the terms set forth in this Section and the Section below, (2) the engagement terms proposed and accepted by the Users on the Service, and (3) any other contractual terms accepted by both the Pilot, Instructor (if applicable) and Owner to the extent such terms do not conflict with these Terms of Service. You agree that FlightLine is not a party to any Flight Agreement and the formation of a Flight Agreement will not, under any circumstance, create an employment or other service relationship between FlightLine and the respective User. FlightLine facilitates such Flight Agreements solely by supplying a medium through which Pilots can connect with Owners and Instructors, reserve aircraft and instruction, and make payments for such Reservations. You are solely responsible for your interactions with other Users of the Service, including Pilots, Owners, and Instructors. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User's action or inaction. FlightLine shall have no obligation to you to enforce these Terms of Service or any other agreement against any other User. You agree to deal fairly and professionally with other Users.


Information of Other Users: You represent, warrant and promise that: (a) you will use the personal information of other Users that you can view or access via the Service in accordance with applicable communication, privacy and data protection laws; (b) you shall not further disclose any such personal information to a third party, except as provided in these Terms of Service or our Privacy Policy, or as required by applicable law; (c) you will implement appropriate physical, technical, and administrative measures to protect such personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction, and you will notify FlightLine immediately in the event of any suspected or actual unauthorized access or disclosure of such personal information; (d) you will not use such personal information to send unsolicited mail, e-mails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party’s products or services, except with FlightLine’s express written authorization; and (e) you will respect the privacy choices of other Users.


Flight Agreement Terms: The Owner assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required and applicable state and federal income tax withholdings as to the Owner and all persons engaged by the Owner in the performance of the Reservation services and aircraft maintenance. The Pilot shall pay the Owner for completed Reservation as indicated on the Service at the rates agreed to for the aircraft time and fuel in the engagement terms. The Service does not offer standard Instructor rates and is not involved in the payment from Pilots to Instructors. The Pilot shall pay the Instructor solely as mutually agreed by the Pilot and Instructor (e.g., via cash, check, PayPal, Venmo or similar peer-to-peer payment services).


Conditions of Use


User Conduct: You agree that you will always use your FlightLine Account and the Service in compliance with these Terms of Service, applicable law, and any other policies and standards provided to you byFlightLine. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. FlightLine reserves the right to investigate and take appropriate legal action against anyone who, in FlightLine’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.


Circumvention of the Service: Neither you nor any other User with whom you interact via the Service will, nor will attempt to, communicate outside of the Service regarding a Reservation or potential Reservation, nor extend, solicit, accept, or reject Reservations outside of the Service. You will not allow or request Users to submit applications for a Reservation or any information to you via other means than the Service, and you must immediately report to FlightLine any actual or attempted communication regarding a Reservation, or any actual or attempted extension, solicitation, acceptance, or rejection of a Reservation outside of the Service. Any Reservation accepted by a User outside of the Service will be deemed to be Reservations accepted via the Service, and subject to the fee payment obligation described above in the Section titled “Fees; Collection of Fees”. If you communicate or attempt to communicate with a User regarding a Reservation, or actually or attempt to extend or solicit an Reservation outside of the Service, you may be subject to immediate account suspension or termination, and/or subject to the payment of additional fees equal to the amount owed by without any promotional discount applied, or the highest rate permitted under applicable law.


Violations: FlightLine has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of these Terms of Service and the Flight Agreement to the fullest extent permissible by the law. FlightLine may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against FlightLine or to comply with permissible legal process (for example, subpoenas or warrants); to enforce or administer these Terms of Service; to do so for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; and/or to protect the rights, property, or safety of FlightLine, its employees, its users, or members of the public.

FlightLine reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that FlightLine, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Service, or otherwise harmful to the Service or our community. If we believe you are abusing FlightLine, our Users, or employees in any way or violating the letter or spirit of any of these Terms of Service, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your FlightLine Account(s) and access to our Service, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Service. Additionally, we reserve the right to refuse or terminate our Service to anyone for any reason at our discretion to the full extent permitted under applicable law.


Fees; Collection of Fees: The fees we charge for using our Service and other cost structures can be found [on our Policy Pages]. When you provide FlightLine a payment method, you authorize FlightLine, or third-party service providers acting on FlightLine’s behalf, to store your payment credential for future use in the event you owe FlightLine any money. You authorize FlightLine to use stored payment credentials for balances, including forTrip Costs, payment, fines and fees (e.g., late fees, security deposits, processing fees and claims costs and related administrative fees)]. FlightLine and its partners will employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. FlightLine, or the collection agencies we retain, may also report information about your FlightLine Account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your FlightLine Account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third-party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by e-mail or phone, as provided to FlightLine by you. Such communication may be made by FlightLine or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information FlightLine reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact support@goflightline.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your FlightLine Account, you must contact the collection agency directly. [Any use of referral travel credit is governed by the terms and conditions outlined in this policy. FlightLine only attempts to collect debts owed to FlightLine and does not attempt to collect debts on behalf of others.


Reservations and Cancellations: If, as a Pilot, you wish to cancel a Reservation made via the Service, the cancellation policy of the Owner and/or Instructor contained in the applicable Reservation description will apply to such cancellation. Our ability to refund the fees paid and other amounts charged to you for the Owner will depend upon the terms of the applicable cancellation policy. Additional details regarding refunds and cancellation policies are available via the Service.


If an Owner cancels a confirmed Reservation, (i) FlightLine’s merchant service will refund the total amount collected from each Pilot for such booking to such applicable Pilot and (ii) the Pilot will receive an email or other communication from FlightLine containing alternative aircraft available for Reservation and other related information. If the Pilot selects, and if necessary, is confirmed for, an alternative aircraft Reservation, any service fees normally imposed by FlightLine in connection with such Reservation are waived. If an Owner cancelled a confirmed Reservation and you, as a Pilot, have not received an email or other communication from FlightLine, please contact FlightLine.


If an instructor cancels a confirmed Reservation, the Pilot will receive an email or other communication from FlightLine containing alternative Instructors available at that time and location and other related information. FlightLine will not be able to refund any fees paid in advance by any Pilot to any Instructor.


If, as an Owner or Instructor, you cancel a confirmed Reservation, you agree that FlightLine may apply penalties or consequences to you or your listing on the Service, including (i) publishing an automated review on your Service profile indicating the Reservation was cancelled, or (ii) imposing a cancellation fee. FlightLine shall suspend an Owner’s access to the Service upon a third cancellation within 48 hours from the time of such Reservation. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.


Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.


Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.


LEGAL DISPUTES


Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER AND A LIMITATION ON CLAIMS. SUBJECT TO ALL OTHER PROVISIONS OF THIS SECTION, YOU HEREBY AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION AGAINST COMPANY ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.


  1. Agreement to Arbitrate


This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and FlightLine, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and FlightLine are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.


  1. Prohibition of Class and Representative Actions and Non-Individualized Relief


YOU AND FLIGHTLINE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FLIGHTLINE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.


  1. Pre-Arbitration Dispute Resolution


FlightLine is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@goflightline.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to FlightLine should be sent to notice@goflightline.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If FlightLine and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or FlightLine may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by FlightLine or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or FlightLine is entitled.


  1. Arbitration Procedures


Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.


Unless FlightLine and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, FlightLine agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.


  1. Costs of Arbitration


Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, FlightLine will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, FlightLine will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, FlightLine will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.


  1. Confidentiality


All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.


  1. Severability


If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.


  1. Future Changes to Arbitration Agreement


Notwithstanding any provision in this Terms of Service to the contrary, FlightLine agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending FlightLine written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).


Termination

You agree that FlightLine, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if FlightLine believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. FlightLine may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that FlightLine may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FlightLine will not be liable to you or any third party for any termination of your access to the Service.


User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Service and FlightLine will have no liability or responsibility with respect thereto. FlightLine reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.


OTHER LEGAL MATTERS


Intellectual Property Rights


Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by FlightLine, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by FlightLine from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of FlightLine, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by FlightLine.


The FlightLine name and logos are trademarks and service marks of FlightLine (collectively the “FlightLine Trademarks”). Other FlightLine, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to FlightLine. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of FlightLine Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of FlightLine Trademarks will inure to our exclusive benefit.


Third Party Material: Under no circumstances will FlightLine be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that FlightLine does not pre-screen content, but that FlightLine and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, FlightLine and its designees will have the right to remove any content that violates these Terms of Service or is deemed by FlightLine, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.


User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant FlightLine and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.


You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to FlightLine are non-confidential and FlightLine will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.


You acknowledge and agree that FlightLine may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of FlightLine, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


Reviews: The Service hosts User Content relating to reviews and ratings of specific Pilots, aircraft, Owners and Instructors (“Feedback”). Such Feedback is such User’s opinion and not the opinion of FlightLine, has not been verified or approved by FlightLine and each User should undertake their own research to be satisfied that a specific User and/or aircraft is right for a Reservation. You agree that FlightLine is not liable for any Feedback or other User Content. FlightLine encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. FlightLine does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that FlightLine do so.


Copyright Complaints: FlightLine respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify FlightLine of your infringement claim in accordance with the procedure set forth below.


FlightLine will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to FlightLine’s Copyright Agent at copyrightDMCA@goflightline.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:


1420 E Roseville Pkwy

STE140-503, Roseville, CA 95661


To be effective, the notification must be in writing and contain the following information:


  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.



Counter-Notice: If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;

  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Eastern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, FlightLine will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.


Repeat Infringer Policy: In accordance with the DMCA and other applicable law, FlightLine has adopted a policy of terminating, in appropriate circumstances and at FlightLine's sole discretion, users who are deemed to be repeat infringers. FlightLine may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. FlightLine has no control over such sites and resources and FlightLine is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that FlightLine will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that FlightLine is not liable for any loss or claim that you may have against any such third party.


Social Networking Services

You mayenable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating theseSocial Networking Servicesinto the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log intoSocial Networking Services on the websites of their respective providers.As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.For more information about the implications of activating theseSocial Networking Services and FlightLine’s use, storage and disclosure of information related to you and your use of such services within FlightLine (including your friend lists and the like), please see our Privacy Policy at www.goflightline.com/privacy_policy. However, please remember that the manner in whichSocial Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and FlightLine shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.


In addition, FlightLine is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, FlightLine is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any suchSocial Networking Services. FlightLine enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.


Indemnity and Release

You agree to release, indemnify and hold FlightLine and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.


Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLIGHTLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


FLIGHTLINE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.


Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLIGHTLINE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FLIGHTLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) THE CONDITION OR AVAILABILITY OF ANY AIRCRAFT OR INSTRUCTOR, ANY MALFUNCTION OF OR DEFICIENCY IN AN AIRCRAFT, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF AIRCRAFT PASSENGERS OR BYSTANDERS; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL FLIGHTLINE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AND/OR COLLECTED VIA FLIGHTLINE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).


SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.


IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.


General

These Terms of Service constitute the entire agreement between you and FlightLine and govern your use of the Service, superseding any prior agreements between you and FlightLine with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, to obtain temporary injunctive relief, or to enforce any arbitration award, as set forth above, you and FlightLine agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Sacramento, California. The failure of FlightLine to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of FlightLine, but FlightLine may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.


Your Privacy

At FlightLine, we respect the privacy of our users. For details please see our Privacy Policy, located at www.goflightline.com/privacy_policy. By using the Service, you consent to our collection and use of personal data as outlined therein.


Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at FlightLine, Inc.,1420 E Roseville Pkwy, STE140-503, Roseville, CA 95661


Questions?  Concerns?  Suggestions?
Please contact us at
notice@goflightline.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.



SPECIFIC TERMS FOR PILOTS


The following Sections also apply if you are a Pilot making a Reservation for an aircraft using the Service:


Fees: You are responsible for paying all fees when they come due. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the Reservation.


Your Financial Responsibility Is Primary: With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable for your liabilities under the Flight Agreement, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance or insurance from credit cards, etc.) as the primary source of funds. You acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your activities through the Service. You agree that in the event damage is reported, FlightLine may immediately charge you up to the amount stipulated in the protection plan you selected when you booked the aircraft. Nothing in these Terms of Service is intended to limit your responsibilities or FlightLine’s legal rights in connection with your use of the Service. You acknowledge that FlightLine may require and hold a deposit as part of the reservation of an aircraft. Notwithstanding the above, if you book an aircraft registered in Maryland or West Virginia, the third-party liability coverage offered as part of a protection plan made available via the Service is primary.



Use of the aircraft: When you make a Reservation through the Service, you must use the aircraft only for your personal use and not for any commercial purposes (e.g. flying passengers for a fee or delivering packages) unless you have express written permission from FlightLine in advance. You may not access an aircraft until the beginning of your Reservation and you must return the aircraft on time and in the correct location. You must present FlightLine with your current and valid FAA pilot certificate, medical certificate or BasicMed equivalent (if permissible) and related certifications before your Reservation may be processed. You must exercise reasonable care in your use of the aircraft. You are required at all times to operate the aircraft safely, and in compliance with all applicable laws. In the event FlightLine has any concern about your use of an aircraft, FlightLine may terminate your Reservation in its discretion at any time and require the return of the aircraft, including recovering the aircraft on behalf of the host. You will be fully financially responsible for any claims, loss, or damage related to your misuse of an aircraft, and your protection plan may be voided]. Pilots also acknowledge that using an aircraft in a prohibited manner or otherwise breaching the Flight Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any protection plan where allowed by applicable law.


Condition of the aircraft: You understand that third parties own the aircraft and other items offered through the Services. Each Owner is responsible for complying with all legal requirements (including ensuring the aircraft is registered and insured) and maintaining their aircraft in safe and airworthy condition. Please complete a visual inspection before you begin your use of the aircraft. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your Reservation to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, FlightLine, third party administrators, or insurance partners, may assume that the damage occurred during your Reservation. If, after your initial inspection, you believe that the aircraft is not safe to fly, please do not use the aircraft; in that event, please contact the FlightLine team immediately.


Incident Reporting:  You must immediately report any damage to the aircraft you are using to FlightLine at [website/email/phone), and if there has been an accident, to the NTSB as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide FlightLine or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by FlightLine, third party claims administrators, or insurers. After an incident, you may not continue to use the aircraft unless you have the explicit permission of FlightLine staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Service and can result in the cancellation of your FlightLine Account.


Repossession: FlightLine, a hired agent of FlightLine, or the Owner may repossess any aircraft booked through the Service without demand, at the Pilot’s expense, if the aircraft is not returned by the end of the Reservation, apparently abandoned, or used in violation of applicable law or these Terms of Service.


Missing Aircraft: If an aircraft you have booked through the Service goes missing and/or is stolen during the Reservation, you must immediately return the original ignition key to the host; file a police report immediately after discovering the aircraft is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and cooperate fully with the Owner, law enforcement, FlightLine, and other authorities in all matters related to the investigation.



SPECIFIC TERMS FOR OWNERS


The following Sections also apply if you make your aircraft available through the Services:


Information Given at Registration. When you sign up for FlightLine as an Owner, you will identify aircraft that you want to make available (“List”) for sharing through the Service. Each aircraft must meet the requirements found here. You may only use the Service in connection with aircraft that you own or otherwise have all the necessary rights and permissions to share for compensation.


Review of Listings: For each attempt to List your aircraft via the Service, FlightLine has the right, but not the obligation, to review the information you upload to post publicly to the Service (each post you upload or attempt to upload, a “Listing”) before it is publicly displayed or posted on the Service to confirm that such Listing conforms to the requirements set forth above and elsewhere in these Terms of Service. If a Listing is determined to not conform to such requirements, you will receive a notification that the Listing was rejected; this notification may include the reason for such rejection. You may attempt to upload such Listing again if and only if the Listing has been revised to conform to the requirements, and, if a specific reason for the initial rejection was supplied, specifically revised to address such reason. FlightLine reserves the right to suspend or terminate your FlightLine Account or use of the Service, if any Listing(s) fails to conform to the requirements set forth above and elsewhere in these Terms of Service, or if FlightLine believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service.


Aircraft Availability. Once a Reservation is approved, you must make the aircraft available as expected by the Pilot. You must verify that a prospective Pilot has a current, valid FAA pilot certificate, medical certificate (or BasicMed equivalent, if applicable) before you provide the Pilot your aircraft and ensure the Pilot’s license matches the name on the Reservation and that the person picking up the aircraft appears to match the photograph on a facially valid FAA pilot certificate.


Trip Fees. You will have the ability to set and revise the aircraft’s pricing as you choose. Learn more about Automatic Pricinghere. FlightLine will pay you the amount collected from those who book your aircraft, less the applicable fees payable to FlightLine. A current fee schedule can be foundhere. To the extent you owe Flightline money for any reason, FlightLine also reserves the right to deduct those amounts from your payment.


Payment Processing. In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of FlightLine enabling payment processing services through Stripe, you authorize FlightLine to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your aircraft. You further agree to provide accurate and complete information about you and authorize FlightLine to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. FlightLine reserves the right to switch payment processing vendors in its discretion and any future payment processing vendor’s terms shall become binding on you..


Taxes & Airport Permitting Fees. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Service. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor. Further, some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees.


Maintenance. You are required to regularly check your aircraft for any defects in its operations or safety. You promise that, at all times, your aircraft will be in an airworthy condition, in good mechanical condition, free of any known safety issues, and in full compliance with all applicable Federal Aviation Regulationss. You will only list aircraft with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable airworthiness directives, mandatory service bulletins, and similar safety notices and to complete any recommended action before allowing your aircraft to be booked. You agree to maintain a record of all maintenance on the aircraft through the Service. In addition, if FlightLine believes that your aircraft does not conform to reasonable standards, FlightLine may notify you and reserves the right to remove or decline listing your aircraft until its concerns have been resolved. FlightLine may, but does not commit to, undertake efforts to ensure the safety of aircraft booked through the Service. Learn more about our aircraft eligibility requirementshere.


Incident Reporting. If you believe that a Pilot has caused any damage to your aircraft, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of Reservation) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. If FlightLine is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by FlightLine or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.


Renter’s Insurance.  You as a renter must maintain your own renter’s insurance policy with respect to your aircrafts listed on the Service and meet any minimum insurance levels of $250,000 per occurrence and no more than $1,000 deductible. In the United States, there is personal aircraft sharing legislation that may apply to you; more information is available in our FAQs.



Missing Aircraft. If your aircraft goes missing, is not returned, and/or is stolen during the Reservation, you, as the Owner, must immediately contact a FlightLine representative and follow his or her instructions, including cooperating with FlightLine, the police, and any other authorities in all related to the investigation of the theft. If you are advised by FlightLine to file a police report, you must do so within 24 hours of receiving that advice.