Thank you for using CloudAhoy branded products! ForeFlight LLC (“ForeFlight”, “we” or “us”) operates the CloudAhoy flight analysis and debrief products and services offered through the website cloudahoy.com (the “Website”), the CloudAhoy mobile application (the “App”), and the CloudAhoy API (“API”). The “Website”, “App”, “API”, and the CloudAhoy products and services, individually and collectively, are referred to herein as the “Services.” By registering with ForeFlight or by using the Services, you (“you” or “User”) agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on the Website. You hereby represent that you are of legal age, and are otherwise fully able and competent, to enter into a binding agreement. If you are using the Services on behalf of a business registered in your name, you represent that you have the right to bind such organization to this Agreement, and the terms “User” and “you” will include both you, the individual user, and such organization. If your business entity or industry association has entered into a separate agreement with ForeFlight, the terms of that separate agreement shall govern the relationship between your business or professional entity and ForeFlight, and “you” and “user” shall refer only to you as an individual. You may also be subject to separate agreements with respect to license of the CloudAhoy mobile application from the Apple AppStore or Google Play (the “App License Agreement”). This Agreement applies only to the Services and in no way affects the validity of the App License Agreement. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES.
THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND FOREFLIGHT.
ForeFlight offers CloudAhoy branded services which allow post-flight individual flight data analysis, as well as analysis of flight data aggregated across multiple pilots and flights. Services for individual pilots are intended for a pilot to debrief only her/his flights, as well as flights shared specifically with that pilot by other CloudAhoy Users. Such individual users may only use their accounts to debrief flights they were on, or flights shared with them by another pilot. You may not use an individual account to debrief any flight which you were not on, except for flights shared with you by other CloudAhoy users. If you wish to create an account and add to it flights that you were not on, you must obtain a special permission in writing from ForeFlight.
To subscribe to the Services and obtain access to password-protected areas of the Website, you must establish a CloudAhoy account by providing us with current, complete and accurate information as prompted by the online enrollment form and by selecting a password, the confidentiality of which shall be your responsibility. You may not use anyone else's CloudAhoy account in connection with your use of the Services, or permit anyone else to use the Services or to access password-protected areas of the Website using your CloudAhoy account unless authorized by ForeFlight. You agree to notify ForeFlight immediately of any actual or suspected unauthorized use of your CloudAhoy account, or any other breach of security.
Subscription fees for the Services vary depending on the specific Services to which you subscribe. Paid subscriptions can be canceled at any time, but all subscription fees are non-refundable. If you purchase a paid subscription, please note that any payment terms presented to you in the process of you placing an order through the Site are deemed part of this Agreement.
We use one or more third-party payment processors (the "Payment Processor") to bill you for subscriptions to the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to purchase a subscription to our Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for your purchases with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You also agree to pay all applicable taxes. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment from you. You agree and represent that all information you provide for the purpose of subscribing to the Services is accurate, complete and current. If ForeFlight, through the Payment Processor, does not receive payment from you, you agree to pay all amounts due upon demand directly to ForeFlight, and ForeFlight further reserves the right to either suspend or terminate your CloudAhoy account and your subscription to the Services in such circumstances.
The Services are the property of ForeFlight. Except as expressly provided below in the case of User Data (as defined below), all the data, information, text, images, designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content, including training-related content, on or made available through the Services, and any of the foregoing sent to you by e-mail or other means (collectively, the “CloudAhoy Content”) are proprietary to us or to third parties.
ForeFlight authorizes you to use the Services and access, view, use, download and print the CloudAhoy Content. You may not modify the CloudAhoy Content. You may not remove any copyright, trademark or other proprietary notices that have been placed on the CloudAhoy Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Services, the CloudAhoy Content, or any portion of the CloudAhoy Content, is strictly prohibited without the prior written permission of CloudAhoy.
All software used on the Services is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. Without limitation of the foregoing, in no event shall you reverse engineer or otherwise use the Services or Website in connection with the development of any product or service that competes with the Website or Services.
The mark CLOUDAHOY and the CloudAhoy logo are registered or unregistered trademarks of ForeFlight, and may not be used in connection with any service or products other than those provided by ForeFlight, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ForeFlight or the Services. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
You agree, and represent and warrant, that your use of the Services and the CloudAhoy Content, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services and the CloudAhoy Content or your use of them, and you will be solely responsible for your own individual violations of any of them.
You are solely responsible for all data that you upload or transmit with us through the Website or the Services (collectively, the “User Data”). You agree not to transmit User Data you do not have permission to send to ForeFlight. ForeFlight will not be responsible for any loss of any data or information, for any reason whatsoever, including, without limitation, due to any act or omission of ForeFlight. By providing us with User Data you:
(a) Authorize us to make copies as we deem necessary in order to provide the Services to you;
(b) Give us, and you promise that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license to use your User Data for the purpose of delivering the Services to you, and, if you enable flight or other data sharing, to disclose your User Data in accordance with your flight sharing selections, which may include allow third parties you have specified to access and use your User Data; and
(c) Give us, and you promise that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license to analyze your User Data, to combine your User Data with data and results of other customers to create aggregated or anonymized statistics or data that do not identify you or any individual, and to use and disclose and such analysis, statistics, or data to other parties so long as we do not identify you; and
(d) If you use the Services as part of an organization account, allow ForeFlight to disclose all or part of your User Data to administrators of your organization account, for use and disclosure by such administrators in accordance with the data management settings selected by your organization; and
(e) Represent and warrant that you own all proprietary rights in your User Data or, with respect to any User Data you do not own, you have the full authority and right to transmit the User Data and to grant the licenses granted hereunder, and that the exercise by ForeFlight of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party.
ForeFlight is under no obligation to edit or control User Data that you transmit, and will not be in any way responsible or liable for User Data or your use of it. Subject to the rights granted to us in this Agreement, you own all of your User Data and any intellectual property rights associated with your User Data.
If User's Data is subpoenaed or otherwise sought in any legal or administrative proceeding by any third-party, ForeFlight shall make reasonable efforts to notify the User through an email to the email address associated with the User's CloudAhoy account, and provide User with a copy of such subpoena or data request to allow User to make any timely objections to any such disclosure.
No User of the Services shall:
(a) Submit, post, upload to, distribute or otherwise use, any User Data (i) in violation of, or in connection with any violation of, any local, state, national or international laws; (ii) that is libelous, defamatory, threatening, abusive, scandalous, obscene or pornographic; (iii) that contains advertising or promotional material or constitutes commercial activity of any sort or, in the sole discretion of ForeFlight, constitutes “spam”; (iv) that infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; (v) that contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury, loss or damage to the material's readers or others; or (vi) that contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(b) Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Data;
(c) Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent; or
(d) Engage in any other conduct that interferes with the Services or CloudAhoy Content or that restricts or inhibits any other person from using or enjoying the same, or which, in ForeFlight's sole judgment, exposes ForeFlight or any of their officers, directors, employees or agents to any liability or detriment of any type.
You represent and warrant that you are at least 18 years of age, and are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. ForeFlight reserves the right to terminate, or deny access to or use of, the Services, or any portion thereof, to any individual or entity for any reason, in ForeFlight's sole discretion. In any case, you affirm that you are over the age of 13, as THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13.
The Services may contain links to third-party websites. Any linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by ForeFlight. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Services. ForeFlight disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against ForeFlight with respect to the content or operation of any Third Party Services..
In the event that you submit ideas, feedback or suggestions for the CloudAhoy Content or Services (“Services Comments”), the Services Comments will be deemed, and will remain, the sole property of ForeFlight. None of the Services Comments will be subject to any obligation of confidence on the part of ForeFlight, and ForeFlight will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, ForeFlight will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
DISCLAIMERS; NO WARRANTY; OTHER LIMITATIONS.THE CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS, LIABILITIES AND WARRANTIES (IF ANY) OF FOREFLIGHT AND YOUR REMEDIES ARE SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND YOU HEREBY WAIVE, RELEASE, AND RENOUNCE, ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES OF FOREFLIGHT AND ALL OTHER RIGHTS, CLAIMS, AND REMEDIES AGAINST FOREFLIGHT, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO FOREFLIGHT SYSTEMS, ELECTRONIC ACCESS, ACCESS CONTROLS, THE SERVICES, CLOUDAHOY CONTENT, ALL MATERIALS, AND OTHER CONTENT AVAILABLE THROUGH THE SERVICES, OR OTHER THINGS PROVIDED PURSUANT TO THIS AGREEMENT. FOREFLIGHT SYSTEMS, ELECTRONIC ACCESS, ACCESS CONTROLS, THE SERVICES, CLOUDAHOY CONTENT, ALL MATERIALS, AND OTHER CONTENT AVAILABLE THROUGH THE SERVICES, OR OTHER THINGS PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND FOREFLIGHT MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU (AND YOUR SUBSIDIARIES AND AFFILIATES, IF ANY) HEREBY WAIVE, RELEASE, AND RENOUNCE ALL WARRANTIES, OBLIGATIONS, AND LIABILITIES OF FOREFLIGHT AND ALL OTHER RIGHTS, CLAIMS, AND REMEDIES AGAINST FOREFLIGHT, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO FOREFLIGHT SYSTEMS, ELECTRONIC ACCESS, ACCESS CONTROLS, THE SERVICES, CLOUDAHOY CONTENT, ALL MATERIALS, AND OTHER CONTENT AVAILABLE THROUGH THE SERVICES, OR OTHER THINGS PROVIDED PURSUANT TO THIS AGREEMENT, EVEN IF FOREFLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES, INCLUDING WITHOUT LIMITATION:
(A) ANY IMPLIED WARRANTY AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS;
(B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE;
(C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY ARISING IN STRICT LIABILITY OR IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF FOREFLIGHT; AND
(D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY FOR LOSS OF OR DAMAGE TO ANY PROPERTY BELONGING TO YOU OR YOUR PERSONNEL.
FOREFLIGHT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO FOREFLIGHT SYSTEMS, ELECTRONIC ACCESS, ACCESS CONTROLS, THE SERVICES, CLOUDAHOY CONTENT, ALL MATERIALS, AND OTHER CONTENT AVAILABLE THROUGH THE SERVICES, OR OTHER THINGS PROVIDED PURSUANT TO THIS AGREEMENT. FOREFLIGHT DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE SERVICES SHALL BE TO REQUEST THAT FOREFLIGHT CORRECT THE MATTER OR, IF FOREFLIGHT FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE SERVICES.
FOREFLIGHT USES AVAILABLE THIRD PARTY DATA TO CREATE GRAPHICAL FILES, BUT FOREFLIGHT DOES NOT GUARANTEE THAT THE ORIGINAL SOURCES (INCLUDING THE FAA) HAVE PROVIDED DATA THAT IS ACCURATE, COMPLETE, TIMELY, OR PROPERLY FORMATTED FOR DISPLAY. USERS SHOULD ALWAYS CONTACT OFFICIAL SOURCES FOR THE MOST ACCURATE AND TIMELY UPDATES.
THE SERVICES ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING FOREFLIGHT OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN HEREIN. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
WITHOUT LIMITATION OF THE FOREGOING, THE SERVICES (I) ARE INFORMATIONAL IN NATURE ONLY, AND MAY CONTAIN SIGNIFICANT ERRORS AND OMISSIONS, POTENTIALLY RESULTING IN INCORRECT PRESENTATION AND EVALUATION OF DATA, (II) SHOULD BE CONFIRMED WITH RELIABLE SOURCES AND THE ADVICE OF A PROFESSIONAL; AND (III) ARE NOT FOR IN-FLIGHT USE BY THE PILOT, AND DO NOT CONSTITUTE ANY FORM OF AVIATION EDUCATION OR TRAINING. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE RELATED TO THE WAY YOU OR OTHERS OPERATE AN AIRCRAFT.
LIMITATION OF LIABILITY. FOREFLIGHT SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF FOREFLIGHT), OR OTHERWISE, FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOSS OR DAMAGES RESULTING FROM REPRODUCTION OR RECOVERY OF DATA OR INFORMATION WHICH IS LOST, CORRUPTED, OR DAMAGED IN ANY OTHER MANNER, WHETHER IN WHOLE OR IN PART, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, GENERAL, OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS PROVISION SHALL SURVIVE TERMINATION OR CANCELLATION OF THIS AGREEMENT.
You shall defend, indemnify and hold harmless ForeFlight and its partners, members, trustees, directors, officers, employees, and licensors (the “ForeFlight Indemnitees”) against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees that arise out of or relate to (a) your use of the CloudAhoy Content or Services or your breach of any provision of this Agreement; (b) any use of User Data by any third party to whom you provide User Data or any access to or benefit from the Website or Services; (c) other property, or privacy right; or (d) any dispute or issue between you and any third party relating in any way to the Services. ForeFlight retains the exclusive right to control the defense and settlement of any claim for which it is entitled to indemnification hereunder, using attorneys selected by ForeFlight, at your expense, at its sole discretion.
ForeFlight complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services you may contact our Designated Agent at the following address:
ATTN: General Counsel
2323 South Shepherd Drive, Suite 912
Houston, TX 77019
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Services; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (a) a physical or electronic signature of the subscriber; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which ForeFlight may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If a lawsuit or court proceeding is permitted under this Agreement, then you and ForeFlight agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Harris County, Texas for the purpose of litigating any dispute. YOU AND FOREFLIGHT HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY PROCEEDING IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT AND ANY PROCEEDING IN ANY COURT WITH RESPECT TO THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT OF THIS AGREEMENT, WHETHER PURPORTING TO BE AT LAW OR IN EQUITY, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. We operate the Service from our offices in Texas, and we make no representation that Materials included in the Service are appropriate or available for use in other locations. The Uniform Computer Information Transactions Act shall not apply to this Agreement. If you gain access to the Services from locations outside the United States, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or CloudAhoy Content in violation of U.S. export laws or regulations.
WHERE PERMITTED BY APPLICABLE LAW, YOU AND FOREFLIGHT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and ForeFlight agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
(a) Non-Paying Subscribers. If you are not a paying subscriber, you may terminate this Agreement at any time by requesting by email that we close your account and ceasing to use the Services. We reserve the right to suspend your account and/or access to the Services at any time. We reserve the right to terminate this Agreement for non-paying users of the Services or to cease to offer non-paid Services at any time, for any reason or no reason.
(b) Paid Subscribers. If you have a paid subscription the Services, the term of your subscription shall commence on the date you purchase the paid subscription and, unless earlier terminated as set forth herein, shall continue for the subscription term you purchased, unless otherwise terminated as described in this Section 16. Either party may terminate this Agreement: (a) for convenience and without cause at any time by providing thirty (30) days' prior written notice to the other party, or (b) if the other party materially breaches this Agreement, the non-breaching party provides written notice of such breach and the breaching party does not cure such breach within thirty (30) days after receipt of written notice of such breach.
If your account is terminated for any reason or no reason, you agree: (a) to immediately stop using the Services, (b) that the license and rights provided by us under this Agreement shall terminate, and (c) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Services or for termination of access to your account.
Sections 2 through 17, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination or expiration of this Agreement.
ForeFlight reserves the right to modify any aspects of the Services, or its policies at any time, with or without notice to you. We may also from time to time amend this Agreement prospectively. If we do so, we will notify you by posting on our Website. You are under an obligation to review the current version of this Agreement and other ForeFlight policies before using the Services. Your use of the Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
The user hereby understands and agrees that use of any ForeFlight software, data, documentation or other materials, including ForeFlight's Website, APIs, and Apps (hereinafter, “ForeFlight Materials”), including transferring, posting, or uploading data or other content via the Website, APIs, and Apps, shall be in compliance with all applicable U.S. export and import statutes and regulations including the International Traffic In Arms Regulations (“ITAR”) the U.S. Department of State and the Export Administration Regulations (“EAR”) of the U.S. Department of Commerce (hereinafter, the “Export Control Laws”). Further, use of ForeFlight Materials may not be directly or indirectly exported or re-exported (a) into any U.S. sanctioned or embargoed countries; or (b) to anyone on the U.S. Department of the Treasury list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. User represents and warrants that user is not located in any such country or on any such List. Further, user agrees that it will not upload data or software subject to the ITAR or otherwise requiring a license or other authorization pursuant to the Export Control Laws to the user's account without prior approval from ForeFlight. The provisions of this Article 26 shall survive termination of the relationship between user and ForeFlight. Violation of its provisions shall be determined at the sole discretion of ForeFlight and serve as the basis for immediate termination of the relationship with the user.
The App and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
If you are using our mobile applications on an iOS device, the terms of this Section 20 apply. You acknowledge that this Agreement is between you and ForeFlight only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of Section 20 herein, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 20 of this Agreement against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
No delay or omission by ForeFlight in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by ForeFlight of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to” If any provision of this Agreement is invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and ForeFlight regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer your subscription to the Services, this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.