TERMS OF SERVICE AGREEMENT- TRAINERS
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 joining the Flight platform and using the App and website and any and all services or products related to Flight, 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.
Relationship between Flight and Service Providers. THE SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FLIGHT. FLIGHT IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF SERVICE PROVIDERS OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
Payments for services rendered will be paid to Service Provider within 7 days of the date of service, less any amounts due to us pursuant to the Fee Schedule. Such payments will be remitted in the manner described on the Fee Schedule. By entering this agreement and using these services, Service Providers agree to the Indemnification provisions in Section 11 of this Agreement The Fee Schedule may be amended, supplemented or otherwise modified from time to time by Flight without prior notice.
Flight Verification. Flight has established a system for verification of Service Provider certifications, insurance coverages and certain other information whereby Service Provider public profiles may include a “Flight verified” notation as to the relevant certifications and insurance maintained by Service Provider. If Service Provider wishes to be “Flight verified,” Service Provider must submit evidence of relevant certifications and insurance to Flight. Company reserves the right to independently verify your documentation from time to time in any way Company deems appropriate in its reasonable discretion. Service Providers are required to have general liability and professional liability insurance at all times while using the Services, and upon request, Service Provider will provide Flight with a certificate of insurance in a form satisfactory to Flight, naming Flight as additional insured under Service Provider’s insurance policies.
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.
Permissions. You grant to Flight, its representatives and employees, the right to use your image, name, and likeness, in any format, electronic or otherwise, before, during or after an Activity, for purposes of promoting the Flight product. You agree that Flight may use such photographs or videos of you with or without your name and for any lawful purpose, including, without limitation, such purposes as publicity, illustration, advertising and website content, and without any further compensation to you.
Content. All information, data, text, software, graphics, voice or sound files, photographs, videos, depictions, messages, emails, chats, text messages, documents, and other such materials (“Content”) of you or any third party used on or transmitted by or through (i) the Applications or (ii) the use of the Services shall be the sole and exclusive property of Flight or such third party as appropriate. Flight does not warrant or guaranty the accuracy, integrity, quality, veracity, or appropriateness for any purpose of such Content, and shall be held harmless and indemnified by you for any damages caused by or arising out of the use, reliance on, or application of the Content, including without limitation damages caused by errors, omissions, inaccuracies, negligence, misrepresentations, or fraud.
Prohibited Content. You shall not post on the Applications, on your own behalf or on behalf of any third party, and shall not permit others to post on the Applications, any Content that, in whole or in part: (a) Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, or hate speech;(b) misrepresents the actual identity of a person, or that misrepresents or falsely represents an affiliation with a person or entity; (c) constitutes advertising, promotional material, junk mail, spam, a chain letter, pyramid scheme, or an unauthorized solicitation; (d) is infected by or contains viruses, malware, spyware, worms, or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer, software, hardware, program, or telecommunications equipment; (e) is likely to interfere with or disrupt the Applications or the Services, or any server or network connected thereto, or contravenes any requirements, policies, procedures, or requirements of networks connected to the Applications or the Service; (f) violates any federal, state, or local law, statute, regulation, rule, code, or ordinance, or otherwise applicable laws regarding transmission of technical data; (g) imposes an unreasonable or disproportionate workload on Flight, the Applications, or the Services, or (h) violates any applicable state or federal laws (collectively, “Prohibited Content”). Flight shall not prescreen any Content but reserves the right to remove without notice any Content that Flight deems, in its sole discretion, to constitute Prohibited Content.
Content Modification. You acknowledge and specifically authorize Flight to change, alter, or modify the Content as necessary in order to transmit it over one or more networks and to conform and adapt it, the Applications, or the Services to any technical requirements of connecting networks, devices, hardware, software, and the like.
Disclosure of Content. Flight may preserve and disclose Content (i) when it is or reasonably determines that it is obligated to preserve and/or disclose Content pursuant to any applicable international law, treaty, federal, state, or local law, statute, code, rule, regulation, or ordinance; (ii) to comply with any legal process; (iii) to enforce the terms of this Agreement; (iv) to respond to complaints or claims that the Content violates any third party rights; (v) to protect any right or property of Flight; or (vi) to protect the personal safety or property of any user of the Applications or the Services.
Storage. Flight does not warrant or guaranty continued access to any Content transmitted to or stored on the Applications or used in any manner on the Applications or as part of the provision of the Services, and this Agreement further expressly excludes any warranty that such Content will not be lost, damaged, or destroyed. Flight shall not maintain a copy, in whole or in part, of any Content, and further shall be held harmless in the event of a failure to properly store any Content. Flight assumes no responsibility for, and shall be held harmless in the event of, any injury or damage to you arising out of the deletion of, failure to properly or timely deliver, and/or failure to accurately store any user communications, addresses, or personalization settings.
Any user who is a trainer, coach, or other person or entity acting on behalf of or who is an agent, employee, representative, contractor or affiliate of any third party hereby represents and warrants that such third party authorizes the use of the Applications and the Services to fulfill any responsibilities or obligations or exercise of any rights with respect to such third party.
Modification. Flight may (i) establish general practices and use limits concerning the Applications and the Services, (ii) limit the size of communications that may be transmitted through the Applications and the Services, (iii) limit the amount of Content that may be stored or processed by you on or through the Applications, (iv) limit your access to the Applications as may be necessary and reasonable under the circumstances, (v) change or modify its general practices in its sole discretion and with or without notice to you, (vi) change or modify the Applications, the Terms of Service, or the Services in its sole discretion and with or without notice to you, (vii) quarantine prohibited Content; (viii) modify domain and user settings in its sole discretion and with or without notice to you (including without limitation modifications designed to eliminate spam or bulk mail); and (ix) modify, suspend, or discontinue the Applications or the Services as necessary for routine maintenance, extraordinary repairs, or due to an attack by hackers or 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 strictly and only for Flight purposes; this includes no soliciting of clients for purposes of generating business for your own commercial purposes outside of the Flight platform. Failure to comply with this provision will result in immediate termination of your account on the platform.
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 sub-licensed, 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 App. 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.
Equipment. You are solely responsible for providing the equipment necessary to access and use the Applications and the Services, including without limitation any computer, drive, software, hardware, application, modem, and internet connection. Flight shall not be responsible for any fees paid or accrued by you to access the internet. You agree to hold Flight harmless from any damage to such equipment regardless of the cause of such damage. You are also solely responsible for providing your own equipment that may be necessary for conducting any Activity.
Flight’s Proprietary Property. The Applications, the Services, and any software, hardware, platform, server, code, or other materials used in connection with the Applications and the Services (collectively “the Proprietary Materials”) all of which are owned by Flight and/or its affiliates contain proprietary and confidential information not available to the public and protected by intellectual property and trade secret laws, including without limitation the Uniform Trade Secrets Act as well as trademark and copyright protections.
XX. 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. For all transactions, Flight’s third party payment processor will electronically deposit your payment into an authorized bank account. YOU MUST PROMPTLY NOTIFY FLIGHT IF YOUR PAYMENT METHOD IS CANCELLED OR CHANGES OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.
• 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.
• 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 a full refund 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 a refund. The Service Provider will receive payment once a week 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 a refund 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 a refund. If the Client decides to cancel the session in this instance, then the Client will receive a refund and the Service Provider will not be paid.
XXI. 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 Update: Oct. 2018