Flighter Group Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER THAT:

(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING,

(2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND

(3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

For the purposes of these Terms:

“User”, “you” or “your” means the individual or legal entity accessing or using the Services.

“Service” or “Services” means the Company's website(s), applications, software, portals, platform and any related features that we make available.

“Content” means any text, graphics, images, videos, data, software, code or other materials provided by us or through the Services.

“Account” means a user profile, login credentials or similar as provided or created for you to access parts of the Services.

“Feedback” means suggestions, ideas, or comments you submit to us regarding the Services.

Your access to and use of the Services are subject to your agreement to these Terms. If you access or use the Services, you confirm that you are authorised to do so (if acting on behalf of an entity) and that you accept these Terms.

We reserve the right to modify or replace these Terms at any time. If we do so and the changes are material, we will endeavour to provide notice (for example by posting a notice on the website). Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Services.

Flighter Group takes the privacy of its users very seriously.

Children's Online Privacy Protection Act

The Children's Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us.

The Company (or its licensors) owns and retains all right, title and interest in and to the Services and Content (excluding Content you provide). Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, create derivative works of, publicly display, or commercially exploit the Services or Content. The Company's trademarks, service marks, logos, and trade dress may not be used without the Company's prior written consent.

If you submit Feedback, you grant the Company a worldwide, perpetual, irrevocable, royalty-free, non-exclusive licence to use, reproduce, modify, publicly perform, distribute and otherwise exploit that Feedback in any way.

The Services may contain links or integrations to third-party websites, services or resources (“Third-Party Services”). We do not control, endorse or assume responsibility for any Third-Party Services. Your access to them is at your own risk. You agree that the Company is not liable for any loss or damage arising from your use of or reliance on any Third-Party Services.

We may suspend or terminate your access to all or any part of the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services immediately ceases. Sections of these Terms which by their nature should survive termination (for example, intellectual property, indemnification, limitation of liability) will survive.

The Services and Content are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, the Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty of uninterrupted or error-free operation.

To the maximum extent permitted by applicable law, the Company and its affiliates, officers, directors, employees, agents and licensors (the “Company Parties”) shall not be liable for any indirect, incidental, special, consequential or punitive damages whatsoever (including loss of profits, business interruption, loss of data or goodwill) arising out of or in connection with your access to, use of, or inability to use the Services, even if advised of the possibility of such damages. In no event shall the aggregate liability of the Company Parties for all claims arising from or relating to the Services exceed the amount paid by you (if any) for the Services in the twelve (12) months preceding the claim, or USD 100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

The Services may contain or be provided together with open source software. Each item of open source software is subject to its own license terms. If required by any license for particular open source software, Flighter Group makes such open source software, and Flighter Group's modifications to that open source software (if any), available by written request to support@flightergroup.com. Copyrights to the open source software are held by the respective copyright holders indicated therein.

You agree to indemnify, defend and hold harmless the Company Parties from and against all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising from or in connection with your (i) use of the Services; (ii) violation of these Terms; or (iii) infringement of any rights of any third party.

These Terms shall be governed by and construed in accordance with the laws of California, USA, without regard to its conflict of law provisions. You and the Company agree to attempt to resolve any dispute arising out of or relating to these Terms or the Services through good-faith discussions. If such a dispute cannot be resolved, you may pursue other available legal remedies.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck or modified to the minimum extent necessary so that these Terms remain otherwise in full force and effect. No waiver by the Company of any right under these Terms shall be deemed a waiver of any other right or future default.

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

You agree that you are solely responsible for your interactions with any other User in connection with the Service, and Flighter Group will have no liability or responsibility with respect thereto. Flighter Group reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Service.

Except as otherwise stated herein or otherwise amended and agreed to by you and Flighter Group, these Terms constitute the entire and exclusive understanding and agreement between Flighter Group and you regarding your use of the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between lighter Group and you regarding the use of the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without lighter Group's prior written consent. lighter Group may assign this agreement, in whole or in part, at its sole discretion. Any attempt by you to assign or transfer these Terms, without such consent, will have no legal effect. lighter Group may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls, emails or SMS messages (including text messages) from Flighter Group or anyone calling on its behalf, you expressly consent to be contacted by Flighter Group and anyone calling on its behalf for any and all purposes arising out of or relating to this Agreement or your use of the Services, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto-telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Flighter Group, its agents, representatives, affiliates or anyone calling on its behalf at the specific number(s) you have provided to Flighter Group, or numbers we can reasonably associate with your Account (through skip trace, caller ID capture or other means), with information or questions about your Account or use of the Services. You certify, warrant and represent that the telephone numbers that you have provided to us are your correct and current contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by email, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we may listen to and record calls for quality monitoring purposes. You consent to receive communications from us in electronic form should we so elect, including any and all disclosures and other communications that are required by law.

By accessing or using the Services offered by Flighter Group, you acknowledge and agree that while Flighter Group may provide tools, workflows, automations, or other features designed to assist with managing your drug and alcohol program, such tools do not guarantee compliance with any Federal Aviation Administration (“FAA”) or Federal Motor Carrier Safety Administration (“FMCSA”) regulations, nor do they ensure a successful outcome in any FAA or FMCSA audit. You understand and agree that it is solely your responsibility to ensure that all required documents, records, reports, and other compliance materials are properly collected, maintained, and prepared in accordance with all applicable FAA and FMCSA laws, rules, and guidelines. You further acknowledge that Flighter Group is not responsible for preparing you for any audit, nor for any penalties, fines, citations, enforcement actions, or adverse outcomes arising from an FAA or FMCSA audit or compliance review. To the maximum extent permitted by law, Flighter Group disclaims all liability for any such outcomes, and you agree to hold Flighter Group harmless from any claims or damages related thereto.

For some activities related to the Services, Flighter Group may permit you to use a device equipped with an active connection to an internet service provider to access your Flighter Group Accounts and policies, and to perform certain transactions as available. To facilitate this, you may be given the option to sign, consent to, or agree to certain documents including, but not limited to, these Terms, policies, quotes, updates, notifications, or other information that you request, transaction receipts, documents requiring your signature, or any other documents (“Communications”) electronically by either checking the appropriate box or engaging in a similar online process as instructed online. You agree that by checking the appropriate box within or adjacent to the applicable Communication or engaging in a similar online electronic consent process, you are providing your electronic signature and agree to be bound by the terms and provisions in such Communication just as if you had signed your name to a paper document.

You may not assign or transfer these Terms or your rights hereunder without our prior written consent; we may assign or delegate our rights or obligations without your consent.

Headings in these Terms are for convenience only and have no legal effect.

The Company reserves the right to modify, suspend or discontinue the Services (or any part thereof) at any time, with or without notice.

If you have any questions about these Terms, please contact us at: