Airplane Flyers, LLC™ TERMS OF USE AGREEMENT

Welcome to Airplane Flyers, LLC™, Your Global Airplane Resource! We hope that you will enjoy the information and services provided on our website and we appreciate your feedback on how we can improve Airplane Flyers, LLC™. For the enjoyment and protection of all Airplane Flyers, LLC™ members, we have prepared the following Airplane Flyers, LLC™ Terms of Use Agreement. By clicking the “I Agree To These Terms” button and by using Airplane Flyers, LLC™, you agree to be bound by these Terms of Use, so please read them carefully. A summary is provided below for your convenience, but you should still read the entire agreement.

OVERVIEW OF TERMS OF USE

Airplane Flyers, LLC™ is only a venue for sellers to list items and buyers to bid on items. Airplane Flyers, LLC™ is not a provider of products or information. Airplane Flyers, LLC™ is not involved in the actual transaction between buyers and sellers. As a result, Airplane Flyers, LLC™ has no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings or posting, of the ability of sellers to sell items or the ability of buyers to buy items. Airplane Flyers, LLC™ cannot ensure that a buyer or seller will actually complete a transaction.

Users are not allowed to provide untrue or incorrect information during the Account Activation process or at any other time. Users may not use the Airplane Flyers, LLC™ services for any illegal purpose or for transmitting material that is unlawful, harassing, libelous, invasive of another’s privacy, threatening, harmful, vulgar, obscene, tortious, infringes the intellectual property rights of another, or is otherwise objectionable. Users are prohibited from the transmission of junk mail, spam, chain letters, advertising or unsolicited mass distribution of e-mail.

Airplane Flyers, LLC™ has the sole discretion to amend these terms of use at any time, to terminate your membership account for any reason or no reason at all at any time, to delete posts or ads at any time, and to use or copy material from posts or ads at any time. Airplane Flyers, LLC™ will be the sole determiner of whether a User is a Dealer/Retailer/ATM/OEM and such determination will be final.

GENERAL TERMS OF USE

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE

1.1. The Service. Airplane Flyers, LLC LLC. (referred to as Airplane Flyers, LLC, Airplane Flyers, LLC.com or Airplane Flyers, LLC’s™ herein) is pleased to provide you with the Airplane Flyers, LLC Services (Airplane Flyers, LLC classified advertising, Airplane Flyers, LLC forums, Airplane Flyers, LLC sponsor advertising) via the Website owned and operated by Airplane Flyers, LLC LLC., and accessed via the URL or any successor URLs (collectively referred to as the “Service”) under this Airplane Flyers, LLC Terms of Use Agreement, any amendments to the Airplane Flyers, LLC Terms of Use Agreement, and operating rules and policies (collectively, the “Terms of Use”).

1.1.1. Agreement to be Bound. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING “I AGREE TO THESE TERMS” DURING ACCOUNT REGISTRATION, YOU ARE AGREEING TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS Airplane Flyers, LLC™ TERMS OF USE AGREEMENT. Airplane Flyers, LLC reserves the right, at its discretion, to change, modify, add or remove all or part of the Terms of Use at any time. Airplane Flyers, LLC will notify you of changes to the Terms of Use by posting a message on the website. It is solely your responsibility to review any amendments. Your continued use of the Service following the posting of changes to these terms (including the Airplane Flyers, LLC.COM Privacy Policy and User Agreement) will indicate you accept those changes. If these terms and conditions or any future changes are unacceptable to you, you may discontinue use of the site and cancel your membership at any time by sending an E-mail to: support@airplaneflyers.com.

1.2. Account Information. By accepting the Terms of Use, you also agree to (a) provide accurate, complete and current information as prompted during the Account Activation process, and (b) to maintain and update your e-mail address to keep it accurate, complete and current. If you fail to do so, Airplane Flyers, LLC reserves the right to terminate your Service account or any future accounts you may open. As part of the Account Activation process, you will select a password and user name. Choose wisely; Airplane Flyers, LLC may refuse to grant you a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or may cause confusion, as determined by Airplane Flyers, LLC in its sole discretion. Airplane Flyers, LLC does not guarantee that you will receive an account and may decide in its sole discretion to deny you an account.

1.3. One Active Membership Account. Members may maintain only one active membership with the Service. By accepting the Terms of Use, you warrant that you have no other membership(s) with the Service. If you forget your user name or password, please send notification via e-mail at: support@airplaneflyers.com.

2. INFORMATION NOT GUARANTEED

The Service includes information, views, opinions and recommendations of individuals and organizations of interest to the astronomy community. Airplane Flyers, LLC assumes no responsibility for the accuracy, currency, completeness or usefulness of information in any material available via the Service and it does not endorse any opinions or recommendations posted by members. You should exercise discretion and skepticism before relying on information in messages or advertisements, since it may be incorrect or misleading. Members may pretend to be people that they are not. Some members may have dishonest and/or deceitful intentions or may have inaccurate information -- so beware!

3. Airplane Flyers, LLC’S RIGHTS

Airplane Flyers, LLC does not review, screen or edit messages or advertisements posted by members. Nonetheless, Airplane Flyers, LLC reserves the right to monitor or remove any information transmitted or received through the Service, or to terminate your membership and use of the Service, at any time, without notice, in its sole discretion. It is members’ responsibility to bring violations of the Terms of Use by other members to Airplane Flyers, LLC’s™ attention, although Airplane Flyers, LLC does not guarantee any action based on such information.

4. PROHIBITIONS

4.1. Compliance with Laws. Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to the U.S. export control laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation. It is your responsibility to comply with the laws and the rules stated herein, and you agree to comply with all requirements, legal or other.

4.2. Prohibited Material. Material containing the following is prohibited and is a violation of these Terms of Service. This list is not exclusive and other prohibitions may apply or be included in amendments to this Agreement.

4.2.1. Airplane Flyers, LLC™ prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include, without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction or sexual requests from or for a minor;

4.2.2. Airplane Flyers, LLC™ prohibits posting of material which contains racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is offensive; material referencing the sale or distribution of controlled substances, any posting intended to harass another, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements (“SPAM”); information about another on-line astronomy classified and/or auction service;

4.2.3. Additional prohibitions include misleading offers that do not list the total purchase price or a “bait & switch” of products, advertisements listed in the incorrect category, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, or placing a fraudulent ad;

4.2.4. Airplane Flyers, LLC prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit/debit cards, calling cards, user account numbers/ passwords or similar financial information, and home phone numbers or addresses;

4.2.5. You are responsible for ensuring that any material you provide to the Service or post on a bulletin board or chat, including but not limited to text, photographs, and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.

4.2.6. Even though all of the above is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.

5. PROPRIETARY RIGHTS TO CONTENT

5.1. Content Property of Airplane Flyers, LLC. The content available through the Service is the property of Airplane Flyers, LLC or its licensors and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Content and postings received through the Service are not private and may be displayed, reformatted and printed for your personal, non-commercial use only.

5.2. No Violation of Copyright Act. Material on the Service is for your personal use only. The Service contains copyrighted and other proprietary information. You agree not to reproduce, retransmit, re-post, distribute, sell, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of the content, or infringe upon trademarks or service marks displayed or received through the Service, including but not limited to others in the same company or organization, without Airplane Flyers, LLC’s express prior written consent. You agree not to make any commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law.

5.3. Use of Material Supplied by You. You agree that upon posting information or advertisements on the Service, you grant Airplane Flyers, LLC, and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable (through multiple tiers) license under your copyrights, publicity rights, or other intellectual property rights, if any, in such material and over the material or User Data displayed in your listings or bids or postings, to use, distribute, display, transmit, reproduce, and create derivative works from such material in any and all media existing now or in the future, in any manner, in whole or part, without any duty to account to you. For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by you, to Airplane Flyers, LLC.com with the exception of credit card numbers, checking account numbers, etc. The User Data shall be deemed to be the property of Airplane Flyers, LLC. You also grant Airplane Flyers, LLC the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.

5.4. Right to Disclose User Data. Airplane Flyers, LLC reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its members.

6. EXTERNAL LINKS.

The Service contains links to other related World Wide Web Internet sites, resources and members of the Service. Your linking to any service or site is at your sole risk. Airplane Flyers, LLC is not responsible for the availability of these outside resources, or their contents, nor does Airplane Flyers, LLC endorse nor is Airplane Flyers, LLC responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall Airplane Flyers, LLC be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

7. INDEMNIFICATION

7.1. You agree to indemnify and hold Airplane Flyers, LLC, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Use by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

7.2. You agree that you are responsible for all statements made and acts or omissions that occur on your membership account while your password is being used. You agree to waive and hold Airplane Flyers, LLC™ harmless from any claims relating to any action taken by Airplane Flyers, LLC as part of its investigation of a suspected violation of the Terms of Use or as a result of its conclusion that a violation of the Terms of Use has occurred, including but not limited to, the removal of posts from the Service or the suspension or termination of your membership account. If you believe someone has used your password or account without your authorization, you must notify Airplane Flyers, LLC immediately via e-mail at support@airplaneflyers.com.

8. TERMINATION.

You agree that Airplane Flyers, LLC may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason or for no reason at all. Such reasons include, without limitation, breach of the Terms of Use or any subsequent amendments, or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your membership account and may be referred to appropriate law enforcement authorities. Airplane Flyers, LLC shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service.

9. COPYRIGHT COMPLAINTS

9.1. Airplane Flyers, LLC respects the intellectual property of others, and we ask our users to do the same. Airplane Flyers, LLC may, in appropriate circumstances and at its sole discretion, terminate the access of users, subscribers, sponsors, advertisers, and account holders who infringe the copyright rights of others.

9.2. If you believe that your work has been copied and is accessible on the Airplane Flyers, LLC™ Service in a way that constitutes copyright infringement, or that any material posted on the Service contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Airplane Flyers, LLC by providing its designated copyright agent the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512.

9.3. Airplane Flyers, LLC’s™ agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows:

10. SPAM

Airplane Flyers, LLC™ strongly oppose SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Airplane Flyers, LLC.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.

11. Airplane Flyers, LLC’S™ REMEDIES

11.1. If Airplane Flyers, LLC, in its sole discretion, determines that a violation of the Terms of Use has occurred, Airplane Flyers, LLC may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of your account and /or the exclusion of any person(s) who may have violated any Terms of Use. Airplane Flyers, LLC could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. Airplane Flyers, LLC will cooperate with any investigation by any Federal, State/Provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to you.

11.2. If Airplane Flyers, LLC believes in its sole discretion that any ad may create liability for Airplane Flyers, LLC, Airplane Flyers, LLC may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In summary, Airplane Flyers, LLC reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason or no reason at all, and without notice.

ADDITIONAL TERMS FOR OUR CLASSIFIED ADVERTISERS & PURCHASERS

12. SERVICE AVAILABILITY.

The Airplane Flyers, LLC™ Classified Service is a convenient and inexpensive way to place and view classified advertisements for goods and services over the Internet. Airplane Flyers, LLC is a combination of free and paid services. Airplane Flyers, LLC reserves the right to add to, change, delete or end our or your use of our classified advertising service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons

13. BUYER BEWARE - YOU TAKE THE RISK.

Airplane Flyers, LLC is not involved in any transaction between any party who uses our site. There are risks that you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. Airplane Flyers, LLC™ is a venue only and we do not screen or censor or otherwise control the classified listings offered to other Users, nor does Airplane Flyers, LLC screen or censor or otherwise control the Users of its service. Airplane Flyers, LLC cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of the Service will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE!

14. DISPUTES & RELEASE.

If there is a dispute between participants on this site, Airplane Flyers, LLC is under no obligation to become involved. In the event that you have a dispute with one or more Users, you hereby release Airplane Flyers, LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. The Airplane Flyers, LLC™ Online Classified Service may be used only for lawful purposes. Conduct or sale or purchase of any product in violation of any applicable local, state/provincial, federal or foreign law or regulation is prohibited. This includes, without limitation, any unauthorized use or sale of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate Airplane Flyers, LLC related transactions.

15. PROHIBITIONS.

15.1. The nature of the Internet causes your classified advertisements to cross local, regional, state, federal, and international boundaries. Thus, there is great exposure to inadvertently violating Alcohol, Tobacco and Firearm distribution laws. All advertisements and/or sales of Alcohol, Tobacco, Cigarettes or Firearms must follow all local, regional, state, federal, and international rules and regulations, and are the sole responsibility of the user. Any and all known violators will be deleted and are cause for immediate and permanent access restrictions to the Service.

15.2. Airplane Flyers, LLC also prohibits the listing or sale of the following goods for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation:

(a) Food (other than packaged food meeting all applicable federal, state and local standards for sale to consumers by commercial merchants).
(b) Pharmaceuticals or any other controlled substance.
(c) Dangerous, counterfeit or stolen goods.
(d) Goods which do not actually exist.
(e) Any good that infringes or violates anyone’s rights.
(f) Any goods or services that violate the terms of Section 4, above.
(g) Any item which in Airplane Flyers, LLC’s™ sole discretion is inflammatory, offensive or otherwise inconsistent with Airplane Flyers, LLC’s standards of business ethics.
(h) Any item/s that are placed on any other site for sale at the same time it is offered on Airplane Flyers, LLC™.
(i) You may not sell anything you do not own
(j) You may not sell any 3rd party items - no selling for friends or family or organizations

ANY violations can and most likely will result in the deletion of your account including ratings.

ADDITIONAL TERMS FOR OUR SPONSORS (DEALER/RETAILER/ATM/OEM)

16. COMMERCIAL SPONSORS

16.1. Dealers Must Become Sponsors. Dealer/Retailers and ATM/OEM’s (collectively herein “Dealer”) must become a Commercial Sponsor and pay the modest fees associated with being an Airplane Flyers, LLC Commercial Sponsor.

16.2. Dealer/Retailer Definition. You are a Dealer/Retailer for purposes of the sponsorship rates if you sell astronomy products manufactured by someone else.

16.3. ATM/OEM Definition. You are an ATM/OEM for purposes of the sponsorship rates if you sell only the products that you make yourself.

16.4. Distinguishing A Dealer. You are a “Dealer” for purposes of sponsorship requirements if any one of the following descriptions applies to you:

(a) You sell astronomy equipment with the intent to make a profit; whether you actually make a profit or not.
(b) You include in your listing a URL to a website that sells astronomy equipment with the intent to make a profit, regardless of whether you are the owner of the web site or whether the web site actually makes a profit.
(c) You have multiple active advertisements posted for the same item at one time.
(d) Your account has more than 35 advertisements posted during any 6-month period.
(e) Your account has 10 or more ads in a one-year period for the same product.

16.5. "Dealer" Determination. Airplane Flyers, LLC will make the final determination, in its sole discretion, as to whether you are a Dealer/Retailer or an ATM/OEM.

17. VIOLATION OF TERMS OF SERVICE.

If Airplane Flyers, LLC determines that you are a Dealer/Retailer or an ATM/OEM and you do not have a Commercial Sponsor account, this violates the Terms of Services and Airplane Flyers, LLC will terminate your account.

18. FEES AND PAYMENTS FOR DEALERS.

Current fees for Commercial Sponsor Accounts may be obtained through the Registration Process. Your membership is personal to you, and you may not assign or otherwise transfer your rights or obligations to anyone. You certify that you are 18 years old or older and you agree to be responsible for and pay any charges incurred in connection with your user name and password. Your membership shall continue until Airplane Flyers, LLC receives notice of termination from you or Airplane Flyers, LLC exercises its rights of termination as described in the Terms of Use. Airplane Flyers, LLC reserves the right to change at any time the commercial sponsorship fees and billing methods.

ADDITIONAL TERMS FOR USERS OF Airplane Flyers, LLC™ FORUMS

19. THE FORUM.

19.1. The Forum part of the Service is intended to provide a forum for a free-flowing exchange of information, opinions and comments. Since the Service is designed to provide an enjoyable and informative experience for all participants, you agree to abide by certain rules regarding your participation.

19.2. Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to Airplane Flyers, LLC’s™ other remedies.

19.3. Airplane Flyers, LLC™ is largely a self-policing discussion site, which means that our site administrators will respond and react to e-mails received from members regarding violations of the Terms of Use. Upon receipt of such e-mails, Airplane Flyers, LLC can and will take appropriate action (at its sole discretion), including, but not limited to the removal of post(s) and the suspension or termination of account(s). If you are honest, sincere and civil with your posts, Airplane Flyers, LLC expects that you will never have to worry about termination. However, you subject yourself to possible suspension and/or termination if you violate any of the “Prohibitions” set out above in Section 4.

20. COMMENTS BY USERS ARE NOT ENDORSED BY Airplane Flyers, LLC™.

Airplane Flyers, LLC does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on bulletin boards or chats or otherwise contained in the Airplane Flyers, LLC™ Forum. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, and does not necessarily represent the views of Airplane Flyers, LLC.

21. ADDITIONAL PROHIBITIONS FOR FORUM USERS.

The following actions, among others, may result in removal of messages and/or termination of your Service account:

(a) Posting more than twenty messages in six hours;
(b) Violating the letter or spirit of the Terms of Use;
(c) Placing on the Airplane Flyers, LLC™ Forum any material that is encrypted.

22. RIGHT IS PERSONAL.

Your right to use the Airplane Flyers, LLC™ Forum is personal to you. You may not authorize others to use the Airplane Flyers, LLC Forum, and you are responsible for all use of the Forum connected with your account.

23. NO INTERFERENCE.

You agree not to disrupt or interfere with the Service, nor to alter or tamper with any information or materials on or associated with the Service.

24. EDITING AND DELETIONS

The Service Provider reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed on the Service or its bulletin boards, at its sole discretion, without notice.

25. MORE GENERAL TERMS OF USE

25.1. DISCLAIMER OF WARRANTIES AND LIABILITY

25.1.1. The Service is provided AS IS and AS AVAILABLE, without warranty of any kind. Airplane Flyers, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF; (B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED, OR THAT NO LOSS OF TRANSMITTED INFORMATION WILL OCCUR, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE; AND (C) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED OR DOWNLOADED OR PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Airplane Flyers, LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

25.2. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER Airplane Flyers, LLC NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, OR FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Airplane Flyers, LLC™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT Airplane Flyers, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT Airplane Flyers, LLC SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. IN NO EVENT SHALL Airplane Flyers, LLC’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO Airplane Flyers, LLC, IF ANY, THAT IS RELATED TO THE CAUSE OF ACTION.

USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

26. LAWS

26.1. Governing Law. These Terms of Use and the relationship between User and Airplane Flyers, LLC™ shall be governed by and construed in accordance with the laws of the State of Washington applicable to contracts to be wholly performed therein without regard to its conflict of law provisions, and the intellectual property laws of the United States.

26.2. Jurisdiction. Any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Washington. In addition, you agree to submit to the personal and exclusive jurisdiction and venue of such courts.

26.3. Limitation of Action. You agree that any cause of action arising out of or related to the Service or these Terms of Use must be filed within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.

26.4. Taxes. User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Airplane Flyers, LLC™ Service.

27. NO RESALE OR UNAUTHORIZED COMMERCIAL USE.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Service. You agree not to make use of anyone else’s Information other than as necessary to participate in the Airplane Flyers, LLC™ Service.

28. FULL FORCE AND EFFECT.

The failure of Airplane Flyers, LLC™ to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 Use shall remain in full force and effect.

29. ENTIRE AGREEMENT

This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter.