TERMS & CONDITIONS
EFFECTIVE DATE: DECEMBER 2023
Introduction
Please read these Terms of Use (“Terms”) carefully before using any online service (e.g., website, mobile app, and certain marketing e-mails we may send) that posts a link to these Terms (“Service(s)”) provided by Fly L’AIRE, Inc. and Fly L’AIRE Services (collectively "L’Aire" “we” “us” or “our”).
These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit our liability to you and require you to indemnify us and to settle certain disputes through arbitration and to waive jury trial and class actions. If you do not wish to be bound by these Terms without limitation or qualification, do not use the Service and uninstall Service downloads and applications. You also acknowledge and consent to our data practices as described in our Privacy Policy.
In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
1. Site License and Access
By accessing this Service, you agree that your access to, and use of the Service will be subject to the conditions set forth in these Terms and all applicable laws. This Service and all of its content, including, but not limited to, all text, graphics, logos, button icons, images, software, and the presentation contained herein, belongs to Fly L’AIRE or its third party licensors (including commonly-owned licensors). The design and layout of this Service (the look and feel of the Service) is the exclusive property of Fly L’AIRE and may not be used, copied, distributed or displayed in any way. All trademarks, logos, or service marks, whether registered or unregistered, are proprietary to Fly L’AIRE or its third party licensors. This Service may contain proprietary notices and copyright information, the terms of which must be observed and followed.
Fly L’AIRE grants you a limited license to make personal use of the Service. Except as noted, you are not conveyed any right or license by implication, estoppel, or otherwise, to use, reproduce, transmit, perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any of the content or information contained within this Service, including but not limited to, any Fly L’AIRE intellectual property.
Your limited license to use does not include, without limitation: (a) any resale or commercial use of the Service or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative use of the Service and its contents; and (d) use of any data mining, robots, or similar data gathering and extraction methods. You may not use, frame, or utilize framing techniques to enclose any Fly L’AIRE trademark, logo or other proprietary information (including the images found at this Service, the content of any text or the layout/design of any page or form contained on a page) without Fly L’AIRE express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing any Fly L’AIRE name, trademarks, or product names without Fly L’AIRE express written consent.
No images on this Service may be used without first seeking Fly L’AIRE express permission. To request permission to use Fly L’AIRE intellectual property, contact info info@FlyLaire.com. Fly L’AIRE reserves the right to refuse any permission request for any reason.
Any unauthorized use of this Service or its contents will immediately terminate the limited license and/or rights granted herein. Unauthorized uses of Fly L’AIRE intellectual property may violate applicable state and federal laws including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law, including the seeking of criminal prosecution when warranted.
2. Changes / Accuracy of Information
Information may be changed or updated without notice. Fly L’AIRE may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.
Fly L’AIRE assumes no responsibility regarding the accuracy of the information that is provided by this Service and use of such information is at the recipient’s own risk. Information on this Service may contain technical inaccuracies or typographical errors and may not be complete. Please note that such errors or inaccuracies or omissions may relate to the pricing of items available for purchase on this Service. Fly L’AIRE reserves the right to cancel or refuse to accept any order placed for any reason. Prices and availability are subject to change without notice. Fly L’AIRE apologizes for any inconvenience. Reference should be made to the program documents for each fleet for precise terms and conditions.
3. Colors
Fly L’AIRE has made every effort to ensure that the colors of the images on its Service, including those of items for sale, are depicted as accurately as possible. However, as monitors and other user equipment vary, Fly L’AIRE cannot guarantee that your monitor’s display of color will be accurate.
4. Global Availability
Information Fly L’AIRE publishes on the World Wide Web may contain references or cross references to Fly L’AIRE products, programs, and services that are not announced or available in your country. Such references do not imply that Fly L’AIRE intends to announce such products, programs, or services in your country. Consult your local Fly L’AIRE business contact for information regarding the products, programs, and services that may be available to you.
Fly L’AIRE obligations with respect to its products and services are governed solely by the agreements under which they are provided, If you obtain a product or service from Fly L’AIRE off this Service that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
5. Third-Party Services and Links
Fly L’AIRE is not responsible for third parties or their content, advertisements, apps or sites (“Third-Party Services”). For instance, portions of the Services may be integrated into or linked to third-party sites, platforms and apps that we do not control. Fly L’AIRE makes no representations whatsoever about any Third-Party Services and takes no responsibility for any Third-Party Services which you may access through the Services. When you access a non-Fly L’AIRE Website, even one that may contain the Fly L’AIRE logo, please understand that it is independent from Fly L’AIRE, and that Fly L’AIRE has no control over the content on that Third-Party Service. In addition, a link to a non-Fly L’AIRE Website does not mean that Fly L’AIRE endorses or accepts any responsibility for the content, privacy policies, security or the use of such a Third-Party Service. It is up to you to take precautions to ensure that your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services. If you access our Apps via Apple, please review the following Terms Applicable for Apple iOS that are applicable to you and are incorporated into the Terms by this reference.
Terms Applicable For Apple iOS.
(i) To the extent that you are accessing the Service through an Apple mobile application, you acknowledge that these Terms are entered into between you and Fly L’AIRE and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) The license granted to you by Fly L’AIRE under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Service.
(iii) You acknowledge that Fly L’AIRE, and not Apple, is responsible for providing the Service and content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and Fly L’AIRE, Fly L’AIRE, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third-party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
(x) Your use of real time route guidance on the Service (if any) is at your sole risk. Location data may not be accurate.
6. Disclaimer of Representations and Warranties
As permitted by applicable law, your access to and use of the Service and all information on the Service is provided by Fly L’AIRE on an "AS-IS", “AS AVAILABLE”, and “WITH ALL FAULTS” basis only. To the full extent permitted by applicable law, Fly L’AIRE hereby disclaims and provides no representations, warranties, endorsements, or promises, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, noninfringement, or misappropriation of intellectual property rights, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, its content, or other Fly L’AIRE products or services.
7. Limitations of our Liability
As permitted by applicable law, under no circumstances will Fly L’AIRE be responsible or liable for any loss or damages of any kind in connection with, or otherwise directly or indirectly related to, without limitation, the Service, its content, or other Fly L’AIRE products or services, except, to the extent not waivable under applicable law. Your use of the Service and any of its content or features is at your own risk. In no event will Fly L’AIRE or any of its subsidiaries, affiliates, officers, directors, agents, contractors, representatives, employees, successors, or assigns, or any other party involved in creating, producing, or delivering this Service, be liable to any party for any direct, indirect, punitive, incidental, special or other consequential damages for any use of this Service or content, or on any other Third-Party Services, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling systems or otherwise, even if we are expressly advised of the possibility of such damages. Because some states do not allow the limitation or exclusion of liability for consequential or incidental damages, the above limitation may not apply to you.
8. Arbitration and Dispute Terms
A. Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, its content, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in New York, NY. Each party submits to personal jurisdiction and venue in New York, NY for any and all purposes.
B. Pre-Arbitration Notification. Fly L’AIRE and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that L’Aire need not do so in circumstances where its claims of intellectual property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Fly L’AIRE – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Fly L’AIRE is making a claim, the letter shall be sent, via email, to the email address listed in your Fly L’AIRE account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 8.B. If you are making a claim, the letter shall be sent to info@FlyLaire.com (Attn: Legal Department). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 8. Either you or Fly L’AIRE, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 8.D) before the expiration of this sixty (60)-day period.
C. Arbitration of Claims. Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to info@FlyLaire.com (Attn: Legal Department), all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in New York, NY, before a single arbitrator. If the matter in dispute is between Fly L’AIRE and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in New York, NY or, if sought by L’Aire, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to a court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.
D. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY L’AIRE.
E. Governing Law. These Terms and your use of the Service are governed by the laws of the State of New York without regard to its choice of law provisions. The courts of general jurisdiction located within New York shall have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and/or the Service or in which these Terms and/or the Service are a material fact. This Section 8 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and L’Aire agree that we intend that this Section 8 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 8 can only be amended by mutual agreement. Either party may seek enforcement of this Section 8 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
F. Class Action Waiver. As permitted by applicable law, both you and Fly L’AIRE waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 8 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
G. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, YOU AND L’AIRE HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
H. Small Claims Matters. Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 8.F.
I. The provisions of this Section 8 shall supersede any inconsistent provisions of any prior agreement between you and L’Aire. This Section 8 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.
9. General
These Terms may not be modified except in writing. If any of these Terms shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.
All aircraft offered by Fly L’AIRE® under the Fly L’AIRE membership and other travel programs are managed and operated by third parties.
10. Notice, Questions, and Customer Service
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to info@FlyLaire.com (Attn: Legal Department). You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.
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