iFLY Website Terms of Use

WHO CAN FLY.

• Flyers may be as young as three (3) years of age. There is no upper age limit.
• All flyers must be in good health and physical condition.
• To provide a safe experience for flyers and instructors, iFLY may not be able to accommodate any flyer who weigh over two hundred sixty (260) pounds; additional evaluation by an iFLY staff member upon check-in will be required to determine whether the flyer can be accommodated.
• Children under eighteen (18) years of age need to have a parent or guardian to sign their Waiver (defined below).
• You should not fly if you have a current or prior head, neck, back, or shoulder injury, heart condition, or any other condition that may impede your ability to take part in physical activity or increase the risk of injury.
• You cannot fly if your weight exceeds three hundred (300) pounds, you are pregnant, or have hard casts or hard prosthetics that cannot be removed.
• High flights (ability to fly higher and faster with an instructor) are available to add to the flight experience for flyers who weigh two hundred sixty (260) pounds or less and may not be available to guests with other flight restrictions.
• Management reserves the right to refuse service to anyone at any time. Additional restrictions may apply.

WAIVER.

All interested flyers, or their parent or legal guardian (as applicable), must complete a legal contract with iFLY in order to fly (“ Waiver ”). This Waiver ensures all flyers understand the nature of the sport of body flight, and the risks involved. All information obtained through the Waiver is used solely for this purpose and will not be shared by iFLY with any third party, except where authorized by the flyer or their parent or legal guardian (as applicable), or otherwise in accordance with our Privacy Policy. Customers who are concerned about supplying such information for any reason should discuss this with iFLY prior to making any purchase or reservation. Refusal to complete the Waiver will result in the inability to participate and forfeiture of any flight purchases, which are non-refundable.

RESERVATIONS.

You must arrive on time for your scheduled reservation. We recommend that you arrive 10 minutes early to your reservation start . You may be in a group with other individuals and the experience will begin promptly upon the scheduled reservation time. Participants who arrive late to their reservation time may not be able to fly and will not be eligible for a refund. In order to fly, the customer is responsible for arriving on time to check in and must:

• arrive in appropriate physical condition;
• arrive unimpaired;
• arrive in appropriate clothing, including properly fitting lace-up athletic shoes and clothing that can fit below a jump suit;
• provide a valid government-issued identification card or passport;
• complete a Waiver and Preflight video;
• arrive on time and be aware that our schedule rarely permits the rebooking of missed appointments.

Annual Holiday Black-out Periods: The Exclusive Gift, The Elevated Gift, and The Essential Gift packages are not valid in the following future holiday timeframes: 11/3/2022-1/1/2023, 11/1/2023-12/31/2023, 11/1/2024-1/1/2025, 11/3/2025-1/1/2026. See: (iFLYworld.com/terms) for additional Terms and annual holiday blackout periods.

FLIGHT RESCHEDULING/REFUNDS.

iFLY’s reservation system functions similarly to that of an airline. Upon making a reservation, we secure the spot for the designated individual, preventing its availability to other paying guests. To ensure an optimal experience for all our patrons, we have established the following rescheduling and refund policy.

Small Groups & Single Flyers:

• Guests must contact iFLY at least 48 hours before the reservation time in order to reschedule or refund the reservation.
• Without 48-hours’ notice, reservations are nonrefundable and cannot be rescheduled to a different date or time.
• Customers with repeated cancellations or no-shows may lose flight privileges.
• iFLY cannot be held responsible for missed reservations as a result of extenuating circumstances such as transportation, weather, nor any other reason outside of the control of iFLY, nor for expenses related to scheduled reservations.
• You must arrive on time for your scheduled reservation. Participants who arrive late to their reservation time may not be able to fly and will not be eligible for a refund.

Groups and Events: The 48-hour refund policy only applies to reservations of 5 or less flyers.

• Reservation requests for 6 or more flyers may require a deposit to book.
• The remaining balance must be paid no later than 7 days prior to the event.
• Reservations that cancel prior to 7 days before the event date are eligible for a refund.
• Cancellations within 7 days or less from the event will forfeit all payments made and are not eligible for a refund.
• iFLY cannot be held responsible for missed reservations as a result of extenuating circumstances such as transportation, weather, nor any other reason outside of the control of iFLY, nor for expenses related to scheduled reservations.

Camps and Large Block Reservations Rescheduling/Refund: The 48-hour refund policy only applies to skydivers/experienced flyers for block reservations of less than 2 hours. For reservations with 2 or more hours reserved, or consecutive reservations over a month or more, the cancellation policy is 7-days in advance of the first flight for a refund.

• Camp coaches should provide the final camp schedule to the tunnel coordinator one week before the camp begins.
• Coaches are responsible for their booked time. If a student cancels outside of the cancellation window, the coach will not receive a refund.
• It is recommended that coaches share the cancellation policy with their students when the time is booked.
• Reservations rescheduled within 7 days of original reservation date are no longer eligible for a refund.
• Customers with repeated cancellations or no-shows may lose flight privileges.
• iFLY cannot be held responsible for missed reservations because of extenuating circumstances such as transportation, weather, nor any other reason outside of the control of iFLY, nor for expenses related to scheduled reservations.

UNEXPECTED MAINTENANCE.

We do our best to ensure all reservations are honored. However, iFLY is a mechanical device that may occasionally require unexpected maintenance. Reservations cancelled by iFLY may be refunded or rescheduled based on availability and customer preference. Rescheduling of Tunnel Time cancelled by iFLY may or may not be available at the rates and/or schedules which are compatible with the customer’s schedule. iFLY will make every effort to reschedule under the same terms wherever possible.

PERSONAL ITEMS AND USE OF LOCKERS.

Safety of customers, instructors, and the equipment will require all personal items be removed prior to your flights, including any and all jewelry, bags, wallets, coins, papers, tissues; in short, nothing can remain on the flyer’s person except shoes, clothing, and the supplied flight gear. For the convenience of our customers, iFLY provides lockers in which personal items can be stored. iFLY will not be responsible for the loss or theft of any items on the premises, including from the lockers. We encourage our customers to leave all items of value at home or with a trusted spectator during flight sessions.

FLIGHT TIME VS. TUNNEL TIME.

Customers may fly for the amount of time indicated for the particular activity purchased, which includes the time it takes to walk between the staging area and flight chamber before and after flight (“ Flight Time ”). “Block Time,” “Experienced Flyer,” and “Skydiver” time are called “ Tunnel Time .” Tunnel Time begins when the doors close and ends when the doors open. System start-up, shutdown, and flyer transition time will reduce the amount of useable Flight Time. Use and sharing of Tunnel Time is the responsibility of the purchaser and/or flyers. iFLY and its instructors and coaches will make every effort to maximize the useable Flight Time but is not responsible for any unusable time. Any Disputes regarding the amount of Tunnel Time delivered must be made in writing, and iFLY will make every effort to review complaints using the video recording system (see Section 12, above, for additional information). Regarding such Disputes submitted in writing by customer to iFLY:

• if iFLY deems it valid, it will compensate the purchasers/and or flyers by with additional Tunnel Time and/or a partial refund at its sole discretion; a complaint is considered valid if Tunnel Time delivered is more than five seconds less than the Tunnel Time purchased, according to the video recording;
• if iFLY deems it invalid, the party who submitted it will be responsible for an administrative review fee.

ACCURACY OF PRICING AND ONLINE BOOKINGS.

We do our best to provide accurate pricing information in our advertisements, web site, quotes, and online booking system; however, we disclaim responsibility for any errors included therein. All sales are subject to current pricing and review by management.

CREDIT ON ACCOUNT.

1. Customer Responsibility. It is the customer’s responsibility to retain all information related to “ Credit on Account ” (for example, Gift Certificates, Gift Cards, Flight Passes, Flight Cards) and/or the associated serial numbers, as applicable. Please treat these items as if they were cash. Lost Credit on Account, serial numbers, and/or certain other related information (as applicable) cannot be replaced or redeemed. Customer is advised to safeguard any computer login information, passwords, gift certificates, gift certificate codes, or any other identifier that is linked to their customer account and/or reservations to avoid unauthorized use of their account. iFLY is not responsible for any unauthorized use of your account. Use of any of the information to book, change, or cancel any reservations by the customer or any other person is the responsibility of the customer.
2. No Credit on Account Refunds. iFLY does not refund Credit on Account. Voided purchases, whether due to being lost in the mail, a cancelled sale, or an incomplete payment, have no value and will not be honored under any circumstances. Chargebacks, stopped checks, or any other invalid or incomplete payment will result in the voiding of the corresponding purchase(s).

SHIPPING POLICY.

All shipped orders will be sent via the United States Postal Service First Class Mail unless otherwise stated or selected during the order process. iFLY cannot be responsible for undelivered or delayed mail.

REFUND POLICY.

Purchases of Flight Time, Credit on Account, and digital recordings of flights are non-refundable unless otherwise specified in the terms of a particular offer. Unopened merchandise in new condition may be returned for a refund within fifteen (15) days of purchase. Special order items are non-refundable. Refunds of credit/debit card purchases will be refunded to the same credit/debit card. Cash purchases will be refunded by check via US mail sent within fifteen (15) days of the return.

CONTACT US.

Please contact us at [email protected] if you have any questions, comments, or concerns.

ABOUT OUR SERVICE.

1. Purpose. The primary purpose of the Website is to: (i) provide information about iFLY and the simulated skydiving experiences iFLY offers (“ iFLY Experiences ”); (ii) book iFLY Experiences; (iii) search and find iFLY locations; (iv) view photos and videos of iFLY Experiences; (v) sign-up to receive the iFLY newsletter and other marketing information; (vi) purchase vouchers and gift cards for iFLY Experiences (neither of which are refundable except as required by law); and (vii) fill out iFLY’s flight Waiver (defined in Section 16, below), which is required to participate in iFLY Experiences.
2. Acceptance. Your use of the Service is expressly conditioned on your acceptance of these Terms. Any use of our Service that is inconsistent with these Terms is unauthorized. If you do not agree with our Terms, please do not use our Service.
3. Eligibility. You must be at least thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least thirteen (13) years of age; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service follows all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

USING OUR SERVICE.

1. Accounts and Registration. In order to access certain features of the Service you may need to register for an account and provide us with your information, including your email address or other contact information. You agree that any information you provide to us is accurate and that you will keep it accurate and updated. If you register for an account, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur from your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at the applicable email address listed in Section 27, below.
2. Payment. The functionality of the Service may allow you to make purchases through the Service. Before you make any purchases via the Service, you will have an opportunity to review and accept the fees that you will be charged. Any fee we charge will be denominated in U.S. dollars and is non-refundable. iFLY will charge the payment method you specify at the time of purchase. You authorize iFLY to charge all sums described at the time of purchase for the product you select, to the payment method specified at the time of purchase. If you pay any fees with a credit card, iFLY may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

REPORTING INFRINGING CONTENT.

1. How to Report Infringing Content. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet Service providers. If you have an intellectual property rights-related complaint about Material posted on the Service, you may contact our designated agent at the following address:
   SkyGroup Investments, LLC ATTN: Legal Department (Copyright Notification)
   13265 N US Highway 183, Suite A, Austin, TX 78750
   Email: [email protected]
2. Information to Include. Any notice alleging that Materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
   1. an electronic or physical signature from you as the owner of the copyright or other right being infringed, or of the person authorized to act on behalf of such owner;
   2. a description that is sufficient to identify the copyright-protected work or other intellectual property right that you claim has been infringed;
   3. a description of the Material that you claim is infringing and where it is located on the Service;
   4. your address, telephone number, and email address;
   5. a statement by you that you have a good faith belief that the use of those Materials on the Service is not authorized by the copyright owner, its agent, or the law; and
   6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
3. Repeat Infringers. iFLY will promptly terminate, without notice, any user account that has been sent notice by iFLY of infringing activity at least twice.

PROHIBITED CONDUCT.

BY USING OUR SERVICE, YOU AGREE NOT TO:

1. use the Service for anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose, including impersonating any person or entity, claiming a false affiliation, accessing anyone else’s account without permission, or falsifying your age or date of birth;
2. violate these Terms or the right(s) of any third party, including by infringing or misappropriating another’s intellectual property right(s);
3. post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
4. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
5. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service or violating any regulation, policy, or procedure of any such network, equipment, or server;
6. sell or otherwise transfer the access granted to you under these Terms or any Materials (as defined in Section 7, below) or any right or ability to view, access, or use any Material; or
7. attempt to do any of the acts or assist, encourage, or permit any person in engaging in any of the acts described in this Section 4.

THIRD-PARTY SERVICES AND LINKED SERVICES.

iFLY may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. iFLY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms do not apply to your use of third-party websites. Your use of third-party websites is subject to their terms and policies.

TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SERVICE.

1. Termination by User. If you have registered for an account, you may terminate your account at any time by contacting iFLY at the email address listed in Section 27, below. If you terminate your account, you remain obligated to pay all outstanding fees you incurred through your use of the Service.
2. Termination by iFLY. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, iFLY may in its sole discretion terminate your user account, if applicable, on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice.
3. Service Modifications. iFLY reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

OTHER POLICIES AND TERMS.

1. Privacy Policy. You acknowledge that any personal information that you provide through the Service will be used by iFLY in accordance with iFLY’s Privacy Policy, which iFLY may update from time to time. Read this Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information.
2. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (“ Additional Terms ”), such as rules that apply to a particular feature or content on the Service, subject to Section 7.D, below. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
3. Modification of these Terms. We may, in our sole discretion and for any reason, change, supplement, or amend these Terms without any notice or liability to you or any other person by posting revised Terms on the Website. When we make material changes to these Terms, we will post the revised Terms on the iFLY Website and update the “Last Updated” date at the top of these Terms. Accordingly, we encourage you to review these Terms periodically. If you continue to use the Service after we change these Terms, then you accept all such changes.
4. Ownership and Rights to Content on the Service. The Service is owned and operated by iFLY. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, and all other elements of the Service (“ Materials ”) provided by iFLY are protected by intellectual property and other laws. All Materials included in the Service are the property of iFLY or our third-party licensors. Except as expressly authorized by iFLY, you may not make use of the Materials. iFLY reserves all rights to the Materials not granted expressly in these Terms.
5. Feedback. If you choose to provide input or suggestions regarding problems with or proposed modifications or improvements to the Service (“ Feedback ”), then you hereby grant iFLY a worldwide, unrestricted, perpetual, irrevocable, transferable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

INDEMNITY.

You are responsible for your use of the Service, and, to the maximum extent permitted by applicable law, you agree to release, defend (at iFLY’s option), indemnify, and hold harmless iFLY and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “ iFLY Entities ”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your improper access to or use of, or alleged access to or use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense and/or settlement of that claim.

DISCLAIMERS; NO WARRANTIES; LIMITATION OF LIABILITY.

1. Disclaimers; No Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE iFLY ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE iFLY ENTITIES DO NOT WARRANT THAT THE SERVICE, ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE iFLY ENTITIES OR THE SERVICE NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
2. Limitation of Liability. IN NO EVENT WILL THE iFLY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY iFLY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 12.H, BELOW, THE AGGREGATE LIABILITY OF THE iFLY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU PAID AS AN IFLY CUSTOMER DURING THE TWELVE (12)-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

GOVERNING LAW.

Except as may otherwise be provided in these Terms, these Terms are governed by the laws of the State of Texas without regard to conflict of law principles. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 12, below, must be brought in state or federal court in Travis County, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Travis County, Texas. Please note that we operate the Service from our offices in the United States and make no representation that Materials included in the Service are appropriate or available for use in other locations.

GENERAL.

These Terms, including the Privacy Policy and any agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and iFLY regarding your use of the Service and supersede any and all prior oral or written understandings or agreements between iFLY and you. Except as expressly permitted in Section 7.C, above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, except as otherwise indicated in Section 12.K, below, such provision will be severed and will not affect the validity and enforceability of any remaining provisions. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1.C, 3 through 12, and 16 through 25.

DISPUTE RESOLUTION AND ARBITRATION.

1. Application. This Arbitration Agreement (defined below) only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against iFLY in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 12 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
2. Overview of Dispute Resolution Process. iFLY is committed to participating in a consumer-friendly Dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 12 applies: (1) an informal negotiation directly with iFLY’s customer service team (described in paragraph 12.C, below, and if necessary, (2) a binding arbitration administered by the American Arbitration Association (“ AAA ”). You and iFLY each retain the right to seek resolution of the Dispute in small claims court, if applicable, as an alternative to arbitration.
3. Mandatory Pre-Arbitration Dispute Resolution and Notification. Before initiating arbitration, you and iFLY each agree to notify the other party of any Dispute in writing (“ Notice of Dispute ”) and attempt in good faith to negotiate an informal resolution. Any Notice of Dispute you send to us must include: (i) your name; (ii) your residence address; (iii) your username (if applicable); (iv) your email address or phone number; (v) a detailed description of the Dispute; and (vi) the relief you seek. Your Notice of Dispute must be sent to [email protected] at least thirty (30) days prior to initiating arbitration. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use in connection with the Service, or other appropriate means. If we are unable to resolve a Dispute within thirty (30) days after the Notice of Dispute is sent, you or we may commence arbitration by filing a written demand for arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
4. Agreement to Arbitrate. Except as provided in Section 12.C, above, you and iFLY mutually agree that any dispute, claim or controversy arising out of or relating to these Terms, the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the iFLY Service or any Content (regardless of whether it arises during or after your use of the Service is terminated), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, “ Disputes ”) will be settled by binding individual arbitration (the “ Arbitration Agreement ”). Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and may limit the amount of discovery permitted as compared to what may be allowed in court. Arbitration can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, which are subject to the limitations on liability provided in Section 9, above. If there is a Dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and iFLY agree that the arbitrator will decide that issue.
5. Exceptions to Arbitration Agreement. Despite Section 12.D, above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either you or us to: (i) bring an individual action in small claims court; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of public injunctive relief; or (iv) file suit in a court of law to address an intellectual property infringement claim. You and iFLY agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
6. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “ AAA Rules “) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
7. Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, iFLY agrees that any required arbitration hearing may be conducted, at your option: (i) in Travis County, Texas; or (ii) remotely, via phone or video conference. If the amount in controversy is five thousand dollars ($5,000) or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
8. Modification to AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Each you and us will be responsible for our own attorney’s fees, except either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, crossclaim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
9. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
10. Jury Trial Waiver. You and iFLY acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
11. No Class Actions or Representative Proceedings. You and iFLY acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this Section 12.K as to any claim, cause of action or requested remedy, then only that claim, cause of action or requested remedy will be severed from this Arbitration Agreement and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this Section 12.K, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
12. Opt-out. You have thirty (30) days to opt out of this Arbitration Agreement after agreeing to these Terms. To opt out, you must email [email protected] and provide your: (i) name; (ii) residence address; (iii) email address or phone number; and (iv) clear statement that you want to opt out of this Arbitration Agreement. Your opt out request must be sent within thirty (30) days of the date that you agreed to these Terms in order for it to be valid.
13. Severability. Except as provided in Section 12.O, below, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable by a court of competent jurisdiction, such portion will be severed, and the remainder of the Arbitration Agreement will be given full force and effect.
14. Modifications to this Arbitration Agreement. If iFLY makes changes to any provision within this Section 12 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice within thirty (30) days of the date the change is effective to [email protected]. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and iFLY (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and iFLY.
15. Survival. Except as provided in Section 12.M, above, this Section 12 (in its entirety) will survive any termination of these Terms and will continue to apply even if you stop using the Service or terminate any iFLY account.

CONSENT TO ELECTRONIC COMMUNICATIONS.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

CONTACT INFORMATION.

The Service is offered by SkyGroup Investments, LLC, located at 13265 N US Highway 183, Suite A, Austin, TX 78750. You may contact us by sending correspondence to that address or by emailing us at [email protected].