TERMS OF SERVICE - CLIENT
Flight Live, Inc. does not assume responsibility for your use of this application as it relates to your personal health. Flight Live, Inc. is not a medical provider nor offers this application as a medical device. When participating in any exercise or exercise program, you have a potential risk of physical injury. If you engage in this exercise or exercise program, you do so at your own voluntary risk. By participating in these activities, you assume all risk of injury to yourself. Use of the application also requires acceptance of all terms and conditions provided by Flight Live, Inc.
By creating a Flight account and using the platform and website and other products and services under Flight Live, Inc., you acknowledge and agree to these Terms of Service.
I. Introduction and Agreement to these Terms of Service
Welcome and thank you for your interest in the products and services of Flight Live, INC. "Flight"). By accessing any applications, products, market spaces, websites, or forums created or maintained by Flight (the "Apps"), you acknowledge that you have read, understood, and agree to the most recent version of these Terms of Service ("Terms"). "Flight", "we", "us", or "our" refer to Flight Live, INC..
Flight reserves the right to revise these Terms at any time. If we do, we will post the modified Terms on this page and indicate the date of most recent changes. You agree to read all notifications we send you and to periodically check this page for updates to these Terms. Your continued use of the Apps constitutes acceptance of these Terms and any modifications thereto. If you object to any changes, your sole recourse is to cease use of the Apps.
These Terms will cover your use of all products and services of Flight, including but not limited to our website, forums, mobile applications or other Apps on any or all platforms. The Terms will apply to all online and socially connected Apps.
Use of Services by Clients. THE SERVICES PROVIDE USERS WITH GUIDANCE AND INFORMATION ON HOW TO IMPROVE THEIR FITNESS AND HEALTH BUT FLIGHT IS NOT A MEDICAL ORGANIZATION AND NEITHER FLIGHT NOR ANY OF THE SERVICE PROVIDERS OFFER MEDICAL ADVICE, AND YOU SHOULD NOT RELY ON THIS GUIDANCE AND INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREA TMENT. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING A NEW FITNESS OR NUTRITIONAL PROGRAM. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HA VE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE COMMENCING OR DISCONTINUING ANY FITNESS PLAN. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED BY THE SERVICE PROVIDERS IS SOLELY AT YOUR OWN RISK. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
By entering into this Agreement and using the Services, Service Providers agree to the Indemnification provisions in Section 11 of this Agreement.
Some of the services provided to Clients by Service Providers are intended for use only by adult individuals healthy enough to perform strenuous exercise. In becoming a user of the Services, you affirm that you are at least 18 years old and that (A) a physician has specifically approved your use of the Services or (B) all of the following statements are true:
• no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
• you have never felt chest pain when engaging in physical activity;
• you have not experienced chest pain when not engaged in physical activity at any time within the past month;
• you have never lost your balance because of dizziness and you have never lost consciousness;
• you do not have a bone or joint problem that could be made worse by a change in your physical activity;
• your physician is not currently prescribing drugs for your blood pressure or heart condition;
• you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;
• you do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and
• you do not know of any other reason you should not exercise. And if you are a woman, you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of the Services. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason.
• You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing the Services, you acknowledge and agree that your performance of any and all exercises or activities recommended by Service Providers is wholly at your own risk. Neither Flight nor any Service Providers will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises. While Service Providers may provide demonstrations or guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.
• You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Health and Fitness Services that you receive from Service Providers will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
II. Grant of a Limited License to Access Apps
You must provide all equipment and software necessary to connect to the Apps, including, but not limited to, a mobile device that is suitable to connect with and use the Apps, in cases where the Apps offers a mobile component.
You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Apps. You are also responsible for adhering to any third party terms for using any third party SNS or mobile platforms.
III. Rights to Content
"Content" means all software, communications, images, sounds, and material perceived or made available from the Apps. Unless otherwise specified in writing, all Content is owned, controlled, or licensed by Flight. All Content is copyrighted under United States copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use. Flight logos and Apps' names are trademarks of Flight and may not be used without Flight's express written permission.
You agree that all Content, including but not limited to all accounts, characters created, virtual goods acquired and developed during the course of the Apps, are the sole and exclusive property of Flight. Flight may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Flight or any other third party.
IV. Additional Restrictions
The following restrictions apply to the use of the Apps:
You shall not create an Account or access the Apps if you are under the age of 13; By accessing and using the Apps, you represent and warrant that you are at least 13 years old. If you are a minor over the age of 13, we recommend you seek consent from a parent or legal guardian before accessing the Apps;
You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Apps by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument by minors;
You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
You shall not have an Account or use the Apps if you have previously been removed by Flight;
You shall not use the Apps if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.
You shall use your Account only for non-commercial purposes;
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (such as spam) to anyone;
You shall not use your Account to engage in any illegal conduct;
You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any virtual items associated with your Account to anyone without Flight Fitness' written permission;
You shall not copy, modify or distribute rights or content from the Apps, or Flight's copyrights or trademarks or use any method to copy or distribute the content of the service except as specifically allowed in these Terms of Service Agreement.
You shall not access or use an Account or virtual items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Flight's permission; and
If you access the Apps from an SNS, you shall comply with its terms of service/use as well as these Terms.
V. Updates to the Apps
You understand that the Apps is an evolving one. Flight may require that you accept updates to the Apps you have installed on your computer or mobile device. You acknowledge and agree that Flight may update the Apps with or without notifying you. You may need to update third party software from time to time in order to receive the Apps.
Without limiting any other remedies, We reserve the right to limit, suspend, terminate, modify, or delete your account or access to any or all of the Apps or portions thereof if you are, or Flight suspects that you are, failing to comply with any of these Terms or for any actual or suspected illegal or improper use of the Apps, with or without notice to you, at any time. It is within our sole discretion and determination to terminate your account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it. As stated above, you will not be entitled to a refund of any virtual currency or virtual goods acquired, earned or developed during the Apps. You can lose your user name and/or persona as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Apps, and Flight is under no obligation to compensate you for any such losses or results.
Flight reserves the right to stop offering and/or supporting the Apps or a particular part of the Apps at any time either permanently or temporarily, at which point your license to use the Apps or a part thereof will be automatically terminated or suspended. In such event, Flight shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Apps.
Termination of your Account can include disabling your access to the Apps or any part thereof including any content you submitted or others submitted.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary by the apps and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the apps is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Flight, including to enforce our Terms.
By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
VIII. Dispute with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Apps. If you have a dispute with other users, you release Flight and hereby agree to indemnify Flight from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
IX. Disclaimer of Warranties and Limitation of Liability
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY FLIGHT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLIGHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPS IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLIGHT DOES NOT WARRANT THAT ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM FLIGHT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLIGHT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APPS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FLIGHT’S LIABILITY AND THE LIABILITY OF EACH OF ITS AFFILIATES OFFICERS, MANAGERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
X. Applicable Law and Arbitration
By accessing and using the Apps, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Flight outside these Terms. You agree to conduct any disputes through Arbitration unless otherwise specified in this section. Arbitration shall be conducted through the American Arbitration Associations (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in King County, Washington. The AAA will determine payment of all arbitration fees.. As an exception, either you or Flight may elect to utilize small claims court in the sole jurisdiction of King County, Washington. In addition, Flight party may seek, injunctive relief to stop unauthorized use or abuse of the Apps, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
You agree to defend, indemnify and hold harmless Flight, its affiliated companies, trainers, instructors, contractors, employees, agents, service providers and its third-party suppliers, licensors, and partners harmless from all claims and expenses, including attorneys' fees and costs, arising out of your use the Apps and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. Flight reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Flight, and you agree to cooperate with Flight's defense of these claims. Flight will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Apps.
XII. Complaints and Notices
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in a way that may constitute copyright infringement, you can provide notice of your claim to Flight's designated agent listed below.
REGISTERED AGENTS INC. 170 S LINCOLN STE 150, SPOKANE, WA, 99201, UNITED STATES
For your notice to be effective, it must include the following information:
1.A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
2.A description of the copyrighted work that you claim has been infringed upon;
3.A description of where the material that you claim is infringing;
4.Information reasonably sufficient to permit Flight to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
5.A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6.A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
XIV. Supplemental Policies
Flight Fitness may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
XV. Language of the Terms of Service
In the event of a conflict between a translation of Flight Terms or Policies and the English version, the English version will control.
The failure of Flight to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 remain in full force and effect.
You acknowledge that the rights granted and obligations made under these Terms to Flight are of a unique and irreplaceable nature, the loss of which shall irreparably harm Flight and which cannot be replaced by monetary damages alone. Accordingly, Flight shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Apps, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Apps or any content or other material used or displayed through the Apps and agree to limit your claims to claims for monetary damages, limited by Section XII (if any).
XVII. Force Majeure
Flight shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Flight, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Flight's control such as acts of God, war, riots, fire, floods, natural disaster, criminal activity, accident, alien invasion, act of government or terrorism, embargoes, network infrastructure failures, strikes, shortages of material or supplies or shortages of transportation facilities, fuel, energy, labor or materials.
If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.
XIX. Billing, Taxes, Pricing, and Cancellation.
a. Billing. The fee charged to Clients for a Session is due when the Session is scheduled or on the 1st of each month for monthly subscriptions. When you initiate a transaction with us, Flight’s access to third party payment processor will authorize your credit or debit card for the full amount of your purchase. YOU MUST PROMPTLY NOTIFY FLIGHT IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. We may decline an order for any reason. If your order is declined by us, you will receive a full refund. A full refund may be issued by Flight for any reason. Flight, at its sole discretion, may make promotional offers with different features and different rates to any customer. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the Services at our sole discretion.
• Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with this Agreement by any authority.
• Pricing. Flight attempts to make all prices published on the Site or the App accurate. In the event that we have provided an inaccurate price or incorrect information due to error either by us or by a Service Provider, we reserve the right to refuse or cancel purchases made through the Services. Price quotations listed on the Site or the App are subject to change without notice prior to purchase. Prices listed on the site are per person, unless otherwise noted. All monthly allotted sessions must be scheduled and used within the month. Sessions can be rescheduled as often as needed but client must give notice within a 24-hour time period before the start of the session. If the client gives less than 24-hour notice for rescheduling, then they must still pay for the session. If they are not used within the month, they cannot be rolled over to the next month.
• Cancellation. Clients and Service Providers may cancel Sessions between the time Client schedules a Session and 24 hours prior to the scheduled commencement of the Session (the “Cancellation Period”). If Client or Service Provider cancels a Session during the Cancellation Period, Client will receive account credit for the cost of the Session and Service Provider will not receive any payment for the scheduled Session. If Client cancels a Session outside of the Cancellation Period, Client will not receive account credit. The Service Provider will receive payment each month for all completed sessions. If Service Provider cancels a Session outside of the Cancellation Period, fails to show up for the Session, or fails to complete the full Session, Client will receive account credit and Service Provider will not be paid. If the Service Provider shows up late to a session, the Client may decide to continue with the session for the remainder of the time left or cancel the session and request account credit. If the Client decides to cancel the session in this instance, then the Client will receive account credit and the Service Provider will not be paid.
f. Requesting account credit. Flight is committed to providing the best possible client experience and wants to ensure you are completely satisfied with the quality and professionalism of each Session that you attend. If you feel as though you have been charged in error, or need to request account credit, please contact us via email at firstname.lastname@example.org within 24 hours of the Session start time. Your request should include YOUR NAME, YOUR SERVICE PROVIDER’S NAME, SESSION START TIME and DATE, and a detailed explanation of your request. Flight will attempt to respond to each request within 48 hours of receipt on weekdays, and up to 72 hours within receipt of the request on weekends.
XX. Entire Agreement
These terms and conditions constitute the entire and exclusive agreement between you and Flight concerning your use of the Apps and supersedes any and all statements or other agreements, whether oral or written, between you and Flight regarding that use.
Effective Date: May 2018
Last Updated: Oct. 2018