Terms and Conditions
FirstFlight Learning Systems Inc. d.b.a FirstFlight, provides information about learning to fly via online flight lessons and features. All use of this service is conditioned by the acceptance without modification of the terms, conditions, and notices contained in this Agreement. By executing an agreement with FirstFlight Learning Systems Inc. via clicking the “PayPal Subscribe” button, the subscriber acknowledges that they are purchasing a non refundable subscription and have read and understand the contents of this Agreement and agree to be legally bound thereby.
2. LIMITATION ON USE
Subscriber will not transfer, sub-license, re-sell, redistribute, reproduce, provide unauthorized access or communicate in any manner any material provided by FirstFlight to any third parties. Any violation of this provision may result in immediate termination of access, with no payment refunds. FirstFlight will aggressively pursue all legal remedies against anyone believed to have provided, or knowingly received, FirstFlight content in violation of these provisions.
Authority to quote or reproduce any material on the FirstFlight website or otherwise provided by FirstFlight is granted to journalists, reviewers, consultants, publications, and individuals only if agreed in writing by FirstFlight prior to publication or reproduction.
We encourage any person having knowledge of a violation of any of the conditions stated herein to inform us immediately.
Subscriber acknowledges and agrees that: (a) FirstFlight Learning Systems Inc. is and shall continue to be the absolute owner of the material delivered as a part of this service, (b) Subscriber ‘s right to use said material is derived solely from these terms and conditions, and (c) Such right is expressly limited pursuant to these terms and conditions. Subscriber shall at no time assert any claim of ownership over the material provided by reason of its use thereof.
FIRSTFLIGHT is a servicemark of Trevor J. Saxty
4. LIMITATION ON LIABILITY
FirstFlight Learning Systems Inc. will exercise due diligence in presenting information that it believes to be accurate. However, FirstFlight Learning Systems Inc. does not warrant or guarantee accuracy and shall not be subject to liability for truth, accuracy, or completeness of the information conveyed to subscriber or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information from whatever cause.
FirstFlight Learning Systems Inc. shall not be responsible for, nor be in default under this agreement due to delays or failure of performance resulting from Internet or Telephone Service Provider delivery problems or failure, or any communication or delivery problems associated with subscriber’s access to content. Furthermore, FirstFlight Learning Systems Inc. shall not be responsible for nor in default due to acts or causes beyond its control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, earthquakes, or other disasters.
FIRST FLIGHT ONLINE LESSONS AND FEATURES ARE NOT A SUBSTITUTE FOR STUDY OF THE PILOTS OPERATING HANDBOOK/AIRPLANE FLIGHT MANUAL FOR THE AIRPLANE YOU INTEND TO FLY. IT IS ESSENTIAL YOU REFER TO THE PILOTS OPERATING HANDBOOK/AIRPLANE FLIGHT MANUAL FOR THE AIRPLANE YOU INTEND TO FLY FOR THE PROCEDURES AND CHECKLISTS THAT CURRENTLY APPLY TO YOUR AIRPLANE.
LIABILITY UNDER THIS AGREEMENT FROM ANY AND ALL CAUSES, INCLUDING, BUT NOT LIMITED TO, MALFUNCTION OR OPERATIONAL NEGLIGENCE, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL CHARGES PAID BY SUBSCRIBER. SUCH LIMITATION SHALL BE THE EXTENT OF FIRSTFLIGHT’S LIABILITY REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST FIRSTFLIGHT, AND THE FOREGOING SHALL CONSTITUTE FIRSTFLIGHT’S OR SUBSCRIBER’S SOLE REMEDY. IN NO EVENT WILL EITHER PARTY BE RESPONSIBLE FOR DAMAGES WHICH SUBSCRIBER OR FIRSTFLIGHT INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF FIRSTFLIGHT OR SUBSCRIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. EXCLUSION OF WARRANTIES It is expressly understood and agreed to by the parties hereto that EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
The subscriber agrees to indemnify FirstFlight Learning Systems Inc. from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from subscriber’s use of the service, including any claims that if the allegations were true would constitute a breach of these terms and conditions.
7. PASSWORDS, ACCESS FROM MULTIPLE LOCATIONS
Subscriber is responsible for the confidentiality and use of its username and password. Subscriber agrees to notify FirstFlight immediately upon the discovery of loss, theft, or unauthorized use of its username or password. FirstFlight will aggressively pursue all legal remedies against anyone believed to have provided unauthorized access to FirstFlight content in violation of these provisions. Subscriber acknowledges and accepts FirstFlight’s monitoring, and retention of records of, all data communications between itself and the FirstFlight website.
8. APPLICABLE LAW AND VENUE
This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of California, except with regards to its rules regarding choice of law. Subscriber irrevocably consents to the jurisdiction of the courts of any of the states in which FirstFlight maintains offices and the federal courts situated in those states in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement.
9. NATURE OF SERVICE
Subscriber acknowledges that the FirstFlight subscription-based flight training service constitutes an impersonal advisory service of general and regular circulation, and that no consideration can be or is made by FirstFlight Learning Systems Inc. toward Subscriber ‘s unique circumstances. Subscriber will determine whether and how to use material provided by FirstFlight Learning Systems Inc. and shall assume sole responsibility for acquiring information as to the characteristics and risks inherent in actual flying contemplated and undertaken by the subscriber.
10. MODIFICATION OF TERMS
FirstFlight Learning Systems Inc. reserves the right to modify the terms and conditions of this Agreement and to terminate subscriber’s access to and use of material provided by FirstFlight at any time and without prior notice.
EXECUTION OF THESE TERMS AND CONDITIONS:
I hereby understand that by clicking on the “PayPal Subscribe” button and subsequently purchasing a subscription, I am executing the preceding Agreement with FirstFlight Learning Systems Inc. as it applies to my contemplated use of their services.