FlyInStyle Terms and Conditions
By using FlyInStyle’s site and/or services you (“you” or, “End User”) agree, without limitation, to all these Terms and Conditions, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate in or with respect to any Microsite, as any of the same may exist from time to time (collectively, the “Terms” or “Agreement”). The term “using” refers to any person or entity who accesses or uses the site, including but not limited to, crawlers, robots, browsers, data mining, or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY FLYINSTYLE SERVICE OR PURCHASE ANY PRODUCT OFFERED THROUGH THE SITE.
If you do choose to establish a membership on the FlyInStyle Sites, or purchase or use products or services through the FlyInStyle Sites, you acknowledge and agree, in strict compliance, to the Terms and Conditions and all applicable laws, rules and regulations (collectively, “Laws”) as follows:
1. GENERAL These Terms and Conditions constitute a valid and binding agreement between you and FlyInStyle, enforceable against you in accordance with these terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction (4) able to make legitimate purchases that comply with the terms of this Agreement, (5) making purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another, (6) safeguarding your password and supervising the use of your account, and you understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it, (7) responsible for updating and correcting information you have submitted to the Site, (8) submitting information that is only about yourself, and that such information is accurate, true, current and complete, and (9) aware that all calls, emails and other communications between you and FlyInStyle may be recorded.
2. ACCESS TO THE SITE FlyInStyle reserves the right at our sole discretion to deny service, or access to the Site and/or terminate accounts, at any time and for any reason without prior notice. You acknowledge that there may be interruptions in service or events that are beyond our control. You understand that the Site may be unavailable from time to time for any reason including, but not limited to, routine maintenance. You acknowledge that due to circumstances both within and outside of our control your access to the Site may be interrupted, suspended or terminated.
3. TRANSMISSION OF INFORMATION Although the Site uses encryption security software in areas where online payments are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. FlyInStyle is not responsible for the security of information that you choose to communicate with the Site while it is being transmitted. In addition, FlyInStyle is not responsible for any data loss during transmission.
4. USER CONDUCT You agree to not engage in any of the following activities while using FlyInStyle as they are prohibited on the Site and constitute as express violations of this Agreement:
Posting or submitting deceptive, misleading, incomplete, false or inaccurate information with respect to your or other person’s or entity’s FlyInStyle account
- Creating multiple FlyInStyle accounts registered to the same individual;
- Attempting to or actually accessing, data not intended for your access or logging into a server or account which you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability, security or configuration of the Site or system to breach security or authentication measures;
- Attempting to interfere with the proper functioning or service of any part, page, area of our websites or any functions or services provided by FlyInStyle;
- Attempting to interfere with service to any user of our websites, host or network, in any manner, including, without limitation, via means of submitting a virus to our websites, or by any activity of overloading, “flooding”, “spamming”, “mail bombing” or “crashing” our websites or it’s associated services;
- Using frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
- Using any Site content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- Using our websites or it’s infrastructure or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with FlyInStyle;
- Reselling or repurposing your access to the Site or any purchases made through the Site;
- Use any automated device, software, process, “robot,” “spider,” “scraper” or any means to access, retrieve, scrape or index our website or content on our websites;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher) without our express written permission;
- Hyperlinking to the Site from any other website without our initial and ongoing consent.
- Collecting the Personal Information, Statements, data or content of any Site End Users or Merchants;
- Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of FlyInStyle to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with FlyInStyle, including without limitation, aggregating current or previously offered deals;
- Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
- Acting illegally or maliciously against the business interests or reputation of FlyInStyle, our Merchants or our services; Collecting content from the Site, including but not limited to current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission;
- Exceeding or attempting to exceed quantity limits when purchasing vouchers or products, or otherwise using any FlyInStyle account to purchase vouchers or products for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); or
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
5. COMMUNICATIONS AND OTHER CONTENT
FlyInStyle may, in some instances, allow Users to submit or post reviews, comments, ratings, photos, ideas, questions and other content (collectively, “Statements”). In most instances, you will be required to have a FlyInStyle user account in order to make Statements. You understand and agree that all Statements are public and not private. Any and all Statements you post to the Site are not confidential. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements that you do not wish to be publicly disclosed.
In contributing any Statements, you represent and warrant (a) you have created your Statements, or, (b) if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the Statements, and that you have all rights necessary to grant the licenses and grants in this Agreement. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Statements.
Any Statements posted or submitted that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or consists of software viruses, political campaigning, commercial solicitation, chain letters, mass mailing, or any form of “spam” is a direct violation of these terms and may result in User or Account suspension or termination. FlyInStyle reserves the right, but not the obligation, to remove, edit, refuse to post or disclose such content to any third party such Statements, and the circumstances surrounding its transmission, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by FlyInStyle, as well as to satisfy any applicable law, regulation or authorized government request.
FlyInStyle has a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content or Statements you post or transmit in any form of media. FlyInStyle assumes no liability and takes no responsibility for any Statements or other information posted or transmitted by you or any third party, or for any loss or damage caused by your reliance on such Statements. FlyInStyle makes no representations or warranties that the Statements you modify or remove will cease to appear on the Internet, in search engines, or in any other form, media or technology.
6. PRIVACY NOTICE
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by FlyInStyle is located at WWW.FLYINSTYLE.CO/PRIVACY. You consent to any personal information we may obtain about you (either via the FlyInStyle Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. FlyInStyle may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.
I. FLYINSTYLE MEMBERSHIP
Establishing a Membership Any established membership on the FlyInStyle Sites requires contact information and identification details as well as other forms of authentication that may be required as part of the enrollment process. You agree to accept responsibility for all activities that occur under your account or password and acknowledge that you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
Use of Membership You shall not use your FlyInStyle membership for any purpose competitive to FlyInStyle. You will notify FlyInStyle immediately by emailing info@FlyInStyle.co of any unauthorized use of your FlyInStyle membership or the FlyInStyle Sites known to you, whether by you or a third party.
Membership Termination You may cancel your FlyInStyle membership at any time by contacting FlyInStyle by email at info@FlyInStyle.co. Your membership and or use of FlyInStyle may be indefinitely terminated at any time, without prior notice, for the following reasons: (1) if you provide any information that FlyInStyle determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (2) if FlyInStyle determines, in its sole discretion, that you are using your FlyInStyle membership in a manner not permitted by these Terms and Conditions, (3) in order to comply with applicable Law, or (4) in other circumstances, as FlyInStyle deems appropriate in its sole discretion.
Product and Service Descriptions While FlyInStyle may attempt in our best efforts to provide accurate descriptions of products and services on the FlyInStyle Sites FlyInStyle does not warrant that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the FlyInStyle Sites is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.
Product and Service Availability FlyInStyle cannot guarantee that an item listed as “in stock” will be available, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time FlyInStyle attempts to process the order. If FlyInStyle determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order and FlyInStyle may notify you be email or by account messaging.
Pricing Information FlyInStyle strives to provide accurate pricing information regarding the products and services available on the FlyInStyle Sites. We cannot, however, insure against pricing errors. FlyInStyle reserves the right, at its sole discretion, to not process, to cancel or to adjust pricing on any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, FlyInStyle may notify you by email or by account messaging.
Order Processing FlyInStyle may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances FlyInStyle deems appropriate in its sole discretion. FlyInStyle also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. FlyInStyle will either not charge you or refund the charges for orders that we do not process or cancel.
Return & Refunds FlyInStyle accepts returns on certain merchandise on a case-by-case basis. For FlyInStyle’s Return Policy, which may change from time to time, please click WWW.FLYINSTYLE.CO/RETURNS.
7. SALE OF ALCOHOLIC BEVERAGES FlyInStyle requires you to be of legal age to purchase alcoholic beverages pursuant to the laws of the country or territory where such transaction is taking place. For example, FlyInStyle requires that you be of 21 years of age or older to purchase alcohol when purchasing alcohol within US territory. By purchasing alcohol through our site you swear and affirm and represent to us that you are of legal age required to buy alcoholic beverages and productions and we will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we suffer or incur. By purchasing alcohol through this site you are acknowledging that the person receiving any alcoholic beverages from us is of legal age to purchase and/or consume alcohol pursuant to the laws of the country or territory where the transaction is taking place. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the legal age to purchase and/or consume alcohol, we will report this to the appropriate authorities and prosecute you fully to the extent allowable by the law.
Reserve is a feature within the Site that allows reservations with Merchants, which may include discounts, events, and/or voucher deals for certain Merchant goods and services. FlyInStyle is not responsible for the service, eligibility, or termination of the Merchant or the Merchant’s reservation. FlyInStyle may terminate your use of the Reserve feature and prohibit you from making further reservations for any reason and at the sole discretion of FlyInStyle. Such actions include but are not limited to failing to cancel a reservation, which you do not plan to attend, or committing fraud of any kind with regards to your obligation to pay the Merchant in full for services rendered.
Bookmark is a feature within the Site that allows the user to “bookmark,” or store and manage, their favorite deals and promotions. This feature is available only to enhance the user experience. FlyInStyle is not responsible for the accuracy, completeness or reliability of the Bookmark feature.
10. REFERRAL CREDIT PROGRAM
FlyInStyle may offer members the ability to earn credits or discounts (“Referral Credits”) toward future purchases on the FlyInStyle Sites. Referral Credits are issued when a FlyInStyle member invite’s friends to become members of FlyInStyle, who do not have an existing FlyInStyle account or a FlyInStyle account under an alternate email address, and those friends make a qualifying purchase within 6 months of the invitation sent through an authorized FlyInStyle invitation channel (e.g. an invitation sent through FlyInStyle’s website, Facebook or another social media channel supported by FlyInStyle). If your friend does not follow the directions in the email invite or other valid invite mechanism to accept the invitation, you may not receive Referral Credit, and FlyInStyle will have no liability to you for your friend’s failure to follow directions. You may only earn Referral Credits via FlyInStyle’s authorized member invite mechanisms. Referrals outside of FlyInStyle authorized channels will not result in any Referral Credit.
You agree that having multiple FlyInStyle accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent FlyInStyle’s referral credit program system may, without limiting any other FlyInStyle rights or remedies, result in forfeiture of your membership and all Referral Credits in your account. FlyInStyle reserves the right to void referrals and Referral Credits earned if we suspect that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by FlyInStyle.
In the event where a referred customer initiates a return and/or refund of a purchase, whether a product or service, the referral credit awarded to the referring account may be rescinded as FlyInStyle deems appropriate in its sole discretion.
Referral Credits may appear in your account within approximately 5 days after one of your qualifying invitees makes his or her qualifying purchase. Purchase of a Gift Card is not a qualifying purchase. Referral Credits earned via FlyInStyle may only be used on the FlyInStyle Sites and may not be used toward the purchase of a Gift Card or on any other website affiliated with FlyInStyle.
You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire 6 months after issuance. You will only receive Referral Credit for the first qualifying purchase made by a friend who makes his or her first purchase on the FlyInStyle Sites as a result of an invite from you via a FlyInStyle authorized channel.
The referral credit program is void where prohibited by law. FlyInStyle reserves the right to modify or terminate the referral credit program at any time, although Referral Credits accrued shall be valid for 6 months from the date of posting. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that your account may not accurately reflect the Referral Credits you have actually earned. FlyInStyle will have no liability for any errors displayed in your account.
11. GIFT CARDS
Gift Cards ARE NONRETURNABLE AND NOT FOR RESALE. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities unless otherwise agreed upon beforehand with FlyInStyle. By purchasing FlyInStyle Gift Cards, you are certifying and representing that the activities in connection with said Gift Cards would comply with these Terms and Conditions and all applicable laws, rules and regulations. FlyInStyle Gift Cards may not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or FlyInStyle. In addition, you agree to defend and indemnify FlyInStyle from and against any claims, expenses or liabilities made against or incurred by any connection with your use of the FlyInStyle Gift Cards. In the event of a lost or stolen Gift Card please contact FlyInStyle immediately at info@FlyInStyle.co. FlyInStyle shall have no liability for lost or stolen Gift Cards.
12. NUTRITIONAL INFORMATION
To the extent required by law, FlyInStyle may post the nutritional information regarding the product and the product’s expiration date on any relevant food product.
13. SALES TAX
Sales tax may be charged or collected by a Merchant at the time that a voucher purchased from FlyInStyle is redeemed. This sales tax depends on whether the particular product or service is subject to sales tax and whether or not the merchant has a collection obligation as merchants may have different sales tax collection obligations, depending upon their business policies, the location of their operation or tax laws in each state or territory. Sales tax information for these Merchants can usually be found in the Merchant’s Fine Print Section. The amount of tax charged on your order will depend upon many factors including Identity of the Merchant, type of item purchased, and location of Merchant’s operation. Factors can change between the time you place an order and the time of credit card charge authorization, which could affect the calculation of sales taxes. The amount appearing on your order as Estimated Tax may differ from the sales taxes ultimately charged.
This Site may contain links to other websites or resources that are maintained by third parties not affiliated with FlyInStyle. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. FlyInStyle is not responsible or liable directly or indirectly, for any damage, loss or liability alleged to be caused by or in connection with any use of or reliance on any such content, products, or services available on or through any such linked site or resource.
15. ENTIRE AGREEMENT These Terms and Conditions constitute the entire agreement of between you and FlyInStyle regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms and Conditions. In the event there is a conflict between these Terms and Conditions and any Additional Terms, with respect to the matters herein, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
If any provision of our Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the original intentions of the parties, with all other provisions remaining in full force and effect.
16. MODIFICATION OF TERMS FlyInStyle reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms and Conditions at any time, with or without notice to you, including the terms of FlyInStyle membership, by posting revised Terms on the Site. You may not amend or modify these Terms and Conditions under any circumstances. The current version of these Terms is available at WWW.FLYINSTYLE.CO/TERMS. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms constitutes as you acceptance of the changes.
17. OWNERSHIP OF SITE The content and information on the Site as well as the infrastructure used to provide both, is proprietary to us, our users, Merchants and other partners. FlyInStyle grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site and any Microsite pursuant to this Agreement and to any additional terms and policies set forth by FlyInStyle. You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any data, content, information, software, products or services obtained from or through the Site or any Microsite without the express permission of FlyInStyle. In addition, you may not make any use that exceeds or violates these Terms.
18. COPYRIGHTS AND TRADEMARKS This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. FlyInStyle owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of FlyInStyle or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. FlyInStyle does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
“FlyInStyle”, the FlyInStyle trademarks, service marks, logos and any other graphic symbols, design marks, images, buttons or icons thereof found on the Site are trademarks owned by FlyInStyle and all use of these marks work to the benefit of FlyInStyle. Other marks on the site not owned by FlyInStyle may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of FlyInStyle unless otherwise stated, or may be the property of their respective owners. You may not use FlyInStyle’s name, logos, trademarks, or brands without FlyInStyle’s express permission.
19. DISCLAIMERS EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS REQUIRED BY APPLICABLE LAW, FLYINSTYLE MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF FLYINSTYLE MEMBERSHIP, ANY CONTENT ON THE SITES, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE FLYINSTYLE SITES, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. FLYINSTYLE DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
20. LIMITATION OF LIABILITY PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE FLYINSTYLE SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FLYINSTYLE. FLYINSTYLE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF THE FLYINSTYLE MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE FLYINSTYLE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER FLYINSTYLE NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (“FLYINSTYLE”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR FLYINSTYLE MEMBERSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS); (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE FLYINSTYLE SITES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FLYINSTYLE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER FLYINSTYLE NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FLYINSTYLE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND FLYINSTYLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. INDEMNITIES You will indemnify and hold harmless FlyInStyle from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by FlyInStyle and such parties, and shall defend FlyInStyle and such parties against any and all claims arising out of (1) your breach of these Terms; (2) your breach of the Terms; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. FlyInStyle will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of FlyInStyle.
22. DISPUTES AND ARBITRATION If any of the provisions set forth in these Terms and Conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms and Conditions. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms and the relationship between you and FlyInStyle will be governed by the laws of the State of Florida without regard to its conflict of law provisions.
If a dispute arising out of, relating to, or connected in any way with this Agreement this Site or the purchase or sale of any voucher(s), against FlyInStyle, it shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and FlyInStyle; (b) the arbitrator shall apply the applicable law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or FlyInStyle’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FlyInStyle will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor FlyInStyle shall be entitled to arbitrate their dispute.
23. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS Notwithstanding the expiration or earlier termination of your FlyInStyle membership, or any general legal principles to the contrary, any provision of these Terms that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms.
24. HOW TO CONTACT US If you have any questions or comment about these Terms and Conditions or this Site, please contact us by email at info@FlyInStyle.co.