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IMPORTANT- READ CAREFULLY: These Terms of Use ("Terms") are a legally binding agreement between you ("You" or "User") and Flyshare ("FLYSHARE" or "We"), for the use of this Internet website (the "Website"). Access to and use of this Website by any User is subject to these Terms, including any modifications or additions to these Terms from time to time issued by FLYSHARE, all applicable laws and regulations, and any other websites, mobile and other applications, or services that post a link to these Terms (each individually a“Site” and collectively, the “Sites”) and the information, features, content, and services that FLYSHARE owns, controls, or makes available through this Website (collectively, with the Sites, the “Service”) whether as a guest or a registered user. ACCESSOR USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND USER AGREES TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
This Website provides information about FLYSHARE and its services. All services advertised on this Website are available for delivery only within the United States, Mexico and Canada. Use of this Website is limited to legitimate purposes. FLYSHARE may, from time to time, introduce new features to this Website or modify or delete existing features in its sole discretion. FLYSHARE shall notify User of any of these changes to features to the extent FLYSHARE isrequired by law to do so. By using any new or modified features when they become available, User agrees to be bound by these Terms concerning such features.
By using the Service, you accept these Terms and FLYSHARE’S Privacy Policy, and consent to the collection and use of your data in accordance with the Privacy Policy. These Terms may be revised and updated by us from time totime without notice to you. All changes are effective immediately when we post them. Your continued use of the Website is your acceptance of the revised and updated Terms. You can review the most current version of the Terms & Conditions agreement at any time at http://www.myFlyshare.com. If you do not agree to any of these Terms, please do not use or access our Services or the Website.
In some instances, both these Terms and separate terms and conditions will apply, including without limitation, transportation of passengers, baggage, and cargo by FLYSHARE and its affiliates is subject to the terms & conditions contained in FLYSHARE's Contract of Carriage, terms and conditions printed on or in a ticket jacket or an e-Ticket receipt, in any published schedule, or any other separate terms (collectively “Additional Terms”). By using the Service, purchasing a ticket, or accepting transportation, you agree to be bound by such Additional Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
Information and materials concerning FLYSHARE and its products and services, and similar items from our licensors and other third parties, including flight schedules, routes, fares, text, graphics, button icons, layout, databases, articles, posts, text, data, files, images,scripts, designs, instructions, illustrations, photographs, sounds, pictures,advertising copy, URLs, technology, software, interactive features, the “lookand feel” of the Sites, audio and video clips, digital downloads, datacompilations (including customer and flight information), the compilation,assembly, and arrangement of the materials of the Website, all copyright able materials, trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of FLYSHARE, and otherforms of intellectual property, and information regarding the status of FLYSHARE flights, etc. is referred to as "Company Information." All right, title, and interest in and to the Service and the Company Information is the property of FLYSHARE or our licensors or certain other third parties, and isprotected by U.S. and international copyright, trademark, trade dress, patentand/or other intellectual property and unfair competition rights and laws to the fullest extent possible. FLYSHARE owns all copyrights, trademarks, servicemarks, and trade names related to our Company Information. All Company Information is proprietary to FLYSHARE.
Any access or attempted access of other areas of FLYSHARE's computer systems or other information contained there in for any purposes is strictly prohibited. User agrees not to interfere in any way with others' use of or access to this Website or take any action that imposes an unreasonable or unusually largeload on this Website. FLYSHARE reserves the right to report any activity that it reasonably suspects violates any lawor regulation and disclose any information to law enforcement officials, regulators, or other appropriate third parties.
FLYSHARE has the right in its sole discretion and without prior notice and from time to time, to modify these Terms with respect to access to or use of this Website. Such modifications and additions shall be effective immediately upon posting the modified Terms to this Website, which posting shall be deemed notice to User. If User disagrees with the changes to these Terms, User must discontinue User's use of this Website. Any access to or use of this Website after posting of modifications or additions to these Terms shall constitute and bedeemed to be such User's agreement to such modified Terms.
FLYSHARE has the right to modify or discontinue, temporarily or permanently, this Website, any services advertised by FLYSHARE through this Website, or any User's right to access or use any portion of this Website, in FLYSHARE's sole discretion, at any time and without prior notice, for any reason including without limitation: (1) attempts by User to gain unauthorized access to this Website or assist others attempting to do so, (2) User disabling any security features on this Website, (3) User's violation of these Terms, (4) failure of User to pay for services or any related charges, (5) suspected or actual infringement of FLYSHARE’S or a third party's intellectual property rights, or (6) requests by law enforcement or other government agencies. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. USER ACKNOWLEDGES AND AGREES THAT FLYSHARE SHALL NOT BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THIS WEBSITE OR ANY SERVICES ADVERTISED ON THIS WEBSITE.
FLYSHARE cannot and will not be liable for any loss or damage arising from User's failure to comply with User's obligations here under. FLYSHARE reserves the right to suspend or terminate any User's use of this Website upon notice to User that it reasonably determines may have been used for anunauthorized purpose. FLYSHARE will not be liable for any damage, injury or other such loss that the User incurs by failing to maintain the confidentiality of the User Name or Password or by otherwise failing to comply with these Terms.
By establishing a User Name with FLYSHARE, and each time User accesses this Website, User authorizes FLYSHARE to contact User at User's e-mail address. User may stop receiving FLYSHARE's marketing e-mails by sending an e-mail to FLYSHARE at legal@myFlyshare.com or following the opt-out procedures set forth in such emails.
User is solely responsible for maintaining the security of its User Name and Password. User may not disclose its User Name or Password to any third party and is solely responsible for any use of or action taken under its User Name and Password on this Website. User is responsible for changing its User Name and Password if either is compromised. User agrees that FLYSHARE, in its sole discretion, may terminate User's Password or User Name or use of this Website for any reason, including, without limitation, for lack of use, or if FLYSHARE believes that User has violated or acted inconsistently with the letter or spirit of these Terms. User agrees that any termination of User's Password or User Name or use of this Website may be effected without prior notice and acknowledges and agrees that FLYSHARE may immediately deactivate or delete User's account and all related information and files and/or bar any further access to such information and files. User agrees that FLYSHARE shall not be liable to User or any third party for any termination of User's access, as provided herein.
FLYSHARE may, at its option, changethe parameters for passwords used to access this Website without prior notice to User. If FLYSHARE does so, User will be prompted, and be required, to change its Password the next time User accesses this Website under the User Name. To prevent unauthorized access to User accounts and to prevent unauthorized use of this Website, User agrees to protect and keep confidential its User Name, Password, or other means of accessing User accounts on this Website. If User discloses User's User Name and/or Passwords to any person(s) or entity, User assumes all risks and losses associated with such disclosure. If User permits any other person(s) or entity to use this Website with User's User Name, Passwords, or other means to access User accounts, User is responsible for any transactions and activities performed from User accounts and for anyuse of User personal and account information by such person(s) or entity.
User may use the records, documents and information obtained through this Website only as necessary to use this Website's services. Without limiting the foregoing or expanding any User rights here under, User agrees that it will not(A) copy, display, republish, reproduce, sell, resell, distribute (through linking or framing or other wise), download, license, modify, re-post, reuse, transmit, or use the Service or Company Information to create a derivative work or make any commercial use of the Service or Company Information (other than the ordering of merchandise in accordance with these Terms) or any of the information available through this Website; (B) make any use of any such information or the facilities of FLYSHARE that would allow anunauthorized third party to have access to or the benefits of this Website; (C) collect or use other users' e-mail addresses or other users' information, ratings or listings, or other wise conduct any data extraction or data mining whatsoever; (D) harvest any information from the Website; (E) use the Service or any Company Information to make any speculative, fraudulent, or false reservation or any reservation in anticipation of demand; (F) copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduced any code or source relating to the Service including without limitation, any service or product FLYSHARE offers; (G) modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of the Service, including, without limitation, by any way of reproducing any web pages or Company Information on any other website without our express written permission; (H) interfere with the proper operation of or any security measure used by the Service; (I) use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Serviceor Company information.
User agrees that, while using this Website, User will not: (A) transmitor post on this Website any message under a false name; (B) transmit or post on this Website any unlawful, libelous, defamatory, threatening, abusive, harassing or otherwise objectionable information of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise under any applicable law; (C) engage in any activity in connection with the Service or Company Information that is libelous, slanderous, defamatory, fraudulent, unlawful, false or misleading, harmful, tortious, vulgar, invasive of another’s privacy, sexually explicit, offensive, obscene, profane, violent, threatening, harassing, abusive, hateful, or otherwise inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (D) transmit or post on this Website any record, document or information that discloses private or personal matters concerning any person, including, but not limited to, messages or information that would violate a person's rights of privacy or publicity; (E) transmit or post on this Website any record, document, information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; (F) transmit or post on this Website any record, document, information, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidentialor other proprietary information, or use of trademarks or service marks in an infringing fashion; (G) interfere, in any way, with other use of or access to this Website; (H) offer for sale or sell illegal merchandise, including counterfeit merchandise or merchandise or services that violate or infringe upon the patent rights, copyrights, trade secrets, trademarks or other intellectual property rights or other rights of any personor entity; or (I) modify, delete or alter any information provided by or on behalf of any other User.
User agrees to comply with all applicable laws, statutes and regulations regarding use of this Website, including ordering and/or purchasing merchandise and services. FLYSHARE may report fraudulent conduct to law enforcement authorities, and FLYSHARE will cooperate with such authorities. FLYSHARE reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement or regulatory officials. In order to cooperate with governmental requests, to protect FLYSHARE's systems and customers, or to ensure the integrity and operation of FLYSHARE's business and systems, FLYSHARE may access and disclose any information it considers necessary or appropriate, including, without limitation, User contact details, IP addressing and traffic information, usage history and posted content. User agrees to comply with all local rules regarding online conduct and acceptable content. User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.
FLYSHARE holds the confidentiality of its Users in the highest regard and will take all commercially reasonable measures not to disclose information about User or User's communications to any other party, except when FLYSHARE believes, ingood faith, that such action is reasonably necessary to: (i) comply with applicable law or with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the legitimate interests of FLYSHARE or others. User further agrees that FLYSHARE is free to use any ideas, concepts or know-how that User, or individuals acting on User's behalf, provides to FLYSHARE. User hereby agrees that any comments, feedback or recommendations of User for the improvement or modification of this Website or the merchandise or services advertised herein shall be the sole property of FLYSHARE.
Registration data, and certain other information about User, is subject to FLYSHARE's Privacy Policy. FLYSHARE does not sell, rent, or give personal information or sensitive personal information about Users to third parties, except as specified in these Terms or in its Privacy Policy. User must disclose certain personal information and sensitive personal information to use certain functions of this Website. As a condition of registering with this Website, User represents that User has first read FLYSHARE's Privacy Policy and consents to the collection, use and disclosure of User's personal information and sensitive personal information and other information as described in FLYSHARE's Privacy Policy. FLYSHARE's Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing this Website, or using any features, User agrees that User will first review FLYSHARE's Privacy Policy. While FLYSHARE takes reasonable steps to safeguard and to prevent unauthorized access to User's personal information and sensitive personal information and other information, FLYSHARE cannot be responsible for the acts of those who gain unauthorized access, and FLYSHARE makes no warranty, express, implied, or otherwise, that FLYSHARE will prevent unauthorized access to User's personal information of sensitive personal information or other information. IN NO EVENT SHALL FLYSHARE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO USER'S PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER FLYSHARE WAS GIVENACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
The information and materials posted on this Website by FLYSHARE or any other party may contain errors, omissions, or typographical errors or may be out of date. FLYSHARE may change, delete, or update any information or materials posted by FLYSHARE at any time, from time to time, without prior notice. The information and materials posted on this Website by FLYSHARE are provided for informational purposes only and are not binding on FLYSHARE in any way except as otherwise expressly agreed to in writing by FLYSHARE.
User understands that certain merchandise, services and information advertised on or through this Website (other than merchandise, services and information clearly identified as being supplied directly by FLYSHARE) are provided by third parties that are not affiliated with or under the control of FLYSHARE. FLYSHARE does not operate, control, endorse, guaranty, representor warrant in any way any merchandise, services or information offered or provided by such third parties on or accessed through this Website.
Links and references on this Website to other Internet websites operated by third parties, if any, including FLYSHARE's corporate partners, do not constitute sponsorship, endorsement, or approval by FLYSHARE of the content, policies, or practices of such linked or referenced websites. Linked and referenced websites are not operated, controlled, or maintained by FLYSHARE, and FLYSHARE is not responsible for the availability, content, policies, or practices of linked or referenced websites. Links and references to other websites are provided for User'sc onvenience only, and User accesses them at User's own risk.
FLYSHARE is not liable for content that is provided byothers. FLYSHARE cannot and does not screen the content provided by users of this Website. Notwithstanding the foregoing, FLYSHARE reserves the right to monitor content on this Website and to remove content that FLYSHARE, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of applicable law, these Terms or the spirit of this Website. FLYSHARE is not responsible for any failure or delay in removing such material. FLYSHARE is not responsible for content made available on the Internet.
User may use the records, documents and information obtained through this Website only as necessary to use this Website's services. Without limiting the foregoing or expanding any User rights here under, User agrees that it will not(A) copy, display, republish, reproduce, sell, resell, distribute (through linking or framing or other wise), download, license, modify, re-post, reuse, transmit, or use the Service or Company Information to create a derivative work or make any commercial use of the Service or Company Information (other than the ordering of merchandise in accordance with these Terms) or any of the information available through this Website; (B) make any use of any such information or the facilities of FLYSHARE that would allow anunauthorized third party to have access to or the benefits of this Website; (C) collect or use other users' e-mail addresses or other users' information, ratings or listings, or other wise conduct any data extraction or data mining whatsoever; (D) harvest any information from the Website; (E) use the Service or any Company Information to make any speculative, fraudulent, or false reservation or any reservation in anticipation of demand; (F) copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduced any code or source relating to the Service including without limitation, any service or product FLYSHARE offers; (G) modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of the Service, including, without limitation, by any way of reproducing any web pages or Company Information on any other website without our express written permission; (H) interfere with the proper operation of or any security measure used by the Service; (I) use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Serviceor Company information.
USER UNDERSTANDS AND AGREES THAT USER'S USE OF THIS WEBSITE IS AT USER'S SOLE RISK AND THAT THIS WEBSITE AND ALL INFORMATION, SERVICES, MERCHANDISE AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, SERVICES, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED ON AN "AS IS", “AS AVAILABLE”, "WHERE-IS", "WHERE AVAILABLE", AND “WITH ALL FAULTS” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO USER. TO THE FULLEST EXTENT PERMITTED BY LAW, FLYSHARE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEESOR AGENTS (COLLECTIVELY, THE ("FLYSHARE PARTIES") DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUTNOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THIS WEBSITE AND ALL INFORMATION, MERCHANDISE AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, MERCHANDISE AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEBSITE. NO LICENSE TO USER IS IMPLIED IN THESE DISCLAIMERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (I) FLYSHARE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE ACCESS TO, OR THE AVAILABILITY OR USE OF, THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, THE INFORMATION, MATERIALS, RECORDS OR DOCUMENTS FROM WHATEVER SOURCE, POSTED ON OR REFERRED TO IN THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENT, ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION, MATERIALS, RECORDS OR DOCUMENTS; (II) FLYSHARE DOES NOT WARRANT OR REPRESENT THAT USER'S ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OTHER INTERNET WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY OTHER INTERNET WEBSITE IS, OR THE RECORDS, DOCUMENTS, SOFTWARE OR FILES FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING ARE, FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (Ill) FLYSHARE DOES NOT REPRESENT OR WARRANT THAT ANY MERCHANDISE OR SERVICES LISTED ON, OR ACCESSED THROUGH, THIS WEBSITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN BY THE LISTING VENDOR AT ANYTIME, AND IT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH MERCHANDISE OR SERVICES; AND (IV) FLYSHARE DOES NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY, SPECIFICATIONS OR ANY OTHER ASPECT OF INFORMATION OR SERVICES FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THIS WEBSITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
UNDER NO CIRCUMSTANCES WILL FLYSHARE BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER INCONTRACT OR TORT, INCLUDING NEGLIGENCE, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, ARISING INANY WAY OUT OF OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENTS OF THIS WEBSITE OR ANY OTHER INTERNET WEBSITE, INCLUDING BUT NOTLIMITED TO LOST PROFITS, SALES, OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF FLYSHARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT USER'S ONLY REMEDY FOR ANY USE OF OR DISSATISFACTION WITH THIS WEBSITE OR FLYSHARE SHALL BE TO DISCONTINUE USE OF THIS WEBSITE.
IF A DISPUTE ARISES BETWEEN TWO OR MORE USERS, OR BETWEEN A USER AND A THIRD-PARTY VENDOR, EACH USER RELEASES FLYSHARE (AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND ANDNATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Unless otherwise noted, the trademarks, logos, photography, brand names and service marks used on this Website are owned by FLYSHARE or by third parties that have licensed their use to FLYSHARE. User may print copies of the content of this Website, provided that these copies are made only for internal use, and that any notices contained in any such content, such as all copyright notices, trademark legends, or other proprietary rights notices, are maintained. Other use of these marks or Website content, except as specifically permitted in these Terms or in a writing signed by FLYSHARE, is strictly prohibited. Elements of this Website are protected by trade dress, trademark, unfair competition and other state and federal laws and, exceptas expressly permitted herein, may not be copied or imitated in whole or in part by any means, including, but not limited to, the use of framing or mirrors. User shall not store electronically any significant portion of this Website.
User agrees to defend, indemnify and hold harmless FLYSHARE, its corporate affiliates and partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees, and agents from and against all claims, losses, damages, liabilities and costs (including, but not limited to, reasonable attorneys' fees and court costs), arising out of or relating to User's breach of these Terms or User's access to or use of this Website. The foregoing indemnification obligation shall survive termination of these Terms and this Website and any merchandise or service provided to User arising out of or relating to User's use of this Website.
These Terms, together with any agreement into which these Terms are incorporated by reference, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations.
These Terms may be waived only in writing signed by an authorized representative of FLYSHARE. No waiver by FLYSHARE of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, and the failure to exercise any right arising from any default here under shall not be deemed a waiver of such right that may be exercised at any subsequent time.
If any provision hereunder shall be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from the other provisions hereunder and shall not affect the validity and enforceability of any other provisions hereunder.
FLYSHARE shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God, any law, regulation, ordinance or other act or Order of any court, governmentor governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.
Access to or use of this Website by User shall not be construed as FLYSHARE's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of California.
These Terms shall be binding on the successors and assigns of the parties, including, but not limited to, the indemnity obligations set forth herein, but User may not assign, transfer or delegate its rights or obligations under these Terms without FLYSHARE's prior express written consent.
No right or remedy conferred upon or reserved to FLYSHARE by these Terms shall be exclusive of any other right or remedy herein or by contract or law, and all rights or remedies conferred upon FLYSHARE by these Terms and by law shall be cumulative and in addition to any other right or remedy available to FLYSHARE.
You also agree you will not use the Service for or in connection with offering any third party product or service not authorized or approved by FLYSHARE. For example, online check-in service providers may not use FLYSHARE web pages to check-in customers online or attempt to obtain for them a boarding pass in any certain boarding group.
These Terms and the relationship between you and FLYSHARE shall be governed by the laws of the State of California without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction of the federal and state courts located within Los Angeles, TX. You agree and understand that you will not bring, or participate in, any class action lawsuit against FLYSHARE or any of its affiliates.
You agree that (i) any transactions carried out through the Sites will be deemed to take place in the State of California, United States of America, regardless of the jurisdiction where you may belocated or reside, and (ii) any payment in connection with such transactions will only be accepted in US dollars. You further agree and acknowledge that any advertising, promotional or marketing information that may be contained in any communications that you may receive as a result of your use of the Sites is only intended to have effect and will only be applicable in the United States of America.