Welcome, and thank you for your interest in Blackbird Air Inc. (“Blackbird,” “we,” or “us”) and our charter flight booking service, website and applications (collectively, our “Service”). These Terms of Service are a legally binding contract between you and Blackbird regarding your use of the Service. If you agree to these Terms on behalf of an organization, then you represent and warrant that you have the authority to bind that organization to these Terms. In that case, the term “you” will refer to the organization.
BLACKBIRD IS NOT AN FAA LICENSED PART 135 OPERATOR OR A DIRECT OR INDIRECT AIR CARRIER. YOU AGREE THAT IF YOU BOOK A FLIGHT USING THE SERVICE, THEN (A) BLACKBIRD MAY ACT AS YOUR AGENT IN ARRANGING SUCH FLIGHT WITH AN INDEPENDENT, LICENSED AIR CARRIER, AND (B) BLACKBIRD’S LIABILITY TO YOU SHALL BE LIMITED AS SET FORTH IN SECTION 10.
These Terms provide that all disputes between you and Blackbird will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except with respect to matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 20 for the details regarding your agreement to arbitrate any disputes with Blackbird.
1. Blackbird Service Overview. The Service enables users to search and book flights offered by third-party transportation carriers (each a “Third-Party Provider”), matching users with pilots and aircraft flying to popular destinations.
2. Eligibility. You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; (c) your registration and your use of the Service will not violate any law or regulation; and (d) if you are under the age of 18, that your parent or legal guardian has consented to your use of the Service and that you will only use the Service under the supervision of your parent or legal guardian. If you are a parent or legal guardian of a minor using the Service, you agree to be bound by these Terms in respect of such minor’s use of the Service.
3. Accounts and Registration
3.1 Your Information. To use the Service, you must register an account. When you register an account or book a flight, you may be required to provide us with some information about yourself or the person on whose behalf you are booking the flight, such as a name, date of birth, photograph, information from government identification documents, certain vital information like weight and height, mailing address, email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
3.2 Account Security. When you register an account, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at email@example.com.
4.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Blackbird grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (e.g., Apple Store or Google Play) on a mobile device that you own or control; and (b) access and use the Service.
4.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
5. Reservations; Cancellations; Documentation
5.1 Reservations. When you view or book a flight through the Service, you will be able to see a flight’s points of departure and arrival, as well as a date and time. You may also be able to see certain additional information about the flight, including pilot names and aircraft details. Any such additional information is provided for informational purposes only and is subject to change at any time without notice.
5.2 Cancellations. We may occasionally cancel a booked flight due to circumstances beyond our control, examples of which are set forth in Section 18 and include governmental action or severe weather. If we cancel a booked flight, we will notify you promptly (via the Blackbird mobile app or to your then-current contact information listed in your account) and you will have the option to receive either a full refund or credit towards your next booking. You may also cancel a booked flight at any time and for any reason. We will notify you if your cancelation is eligible for a refund.
5.3 Documentation. The Third-Party Provider with whom you have booked a flight will require you to possess and produce certain documents, including a valid government-issued photo identification, prior to embarking on such flight. If you are unable to produce such documents upon request by Blackbird or the Third-Party Provider, then you will not be permitted to embark and your reservation may be canceled without refund.
6. Payment. You will be required to pay fees if you book a flight using the Service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are refundable only as set forth in Section 4. You authorize Blackbird to charge such fees to the payment method you specify at the time of purchase. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account prior to your purchase. All payments are nonrefundable, except as set forth in Section 5.2.
7. Prohibited Conduct. YOU AGREE NOT TO:
7.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation;
7.2 violate any right of Blackbird or a third party, including by infringing or misappropriating any intellectual property right;
7.3 perform any fraudulent activity including (a) providing any false personal information to Blackbird, (b) creating a false identity or impersonating any other person in any way, (c) making a booking for the purpose of holding or blocking seats in order to obtain lower fares, or making any booking that is otherwise abusive, (d) claiming a false affiliation or (e) accessing any other Service account without permission;
7.4 copy, distribute, relist, display, mirror, frame or otherwise embed the Service, or any portion thereof, in or through any other application or website without first obtaining Blackbird’s express written consent;
7.5 solicit personal information from other users of the Service;
7.6 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
7.7 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with, intruding into, or disrupting any network, equipment, or server connected to or used to provide the Service;
7.8 sell or otherwise transfer (a) the access granted under these Terms, (b) any ticket you have booked using the Service, (c) any Materials (as defined in Section 15), or (d) any right or ability to view, access, or use any Materials; or
7.9 attempt to do any of the acts described in this Section 7, or assist, encourage, permit, or request any third party to engage in any of the acts described in this Section 7.
8. Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by contacting us at firstname.lastname@example.org. If you terminate your account, you remain obligated to pay any outstanding fees incurred prior to termination. If you violate any of these Terms at any time, then you no longer have our permission to use the Service, notwithstanding any permission granted elsewhere in these Terms. In addition, we may terminate your user account on the Service or suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service or any of its features at any time, temporarily or permanently, without notice. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
9. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND THE BLACKBIRD ENTITIES (AS DEFINED IN SECTION 11) DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE BLACKBIRD ENTITIES DO NOT PROVIDE TRANSPORTATION SERVICES AND ARE NOT AIR CARRIERS OR OPERATORS. IT IS THE RESPONSIBILITY OF THE APPLICABLE THIRD-PARTY PROVIDER OR AIRCRAFT OPERATOR TO OFFER THE TRANSPORTATION SERVICES THAT YOU SCHEDULE THROUGH THE SERVICE. THE SERVICE PROVIDES INFORMATION AND A MEANS OF OBTAINING TRANSPORTATION SERVICES FROM THIRD-PARTY PROVIDERS, BUT DOES NOT, AND IS NOT INTENDED TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. AS SET FORTH IN SECTION 10, THE BLACKBIRD ENTITIES HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
THE BLACKBIRD ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, 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. NO ADVICE, INFORMATION, MATERIALS, OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLACKBIRD OR THE SERVICE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE BLACKBIRD ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS, AND NO AGENT OR EMPLOYEE OF BLACKBIRD IS AUTHORIZED TO MAKE ANY WARRANTY OR GUARANTEE EXCEPT AS SET FORTH IN THE TERMS OF THIS AGREEMENT. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR DEALING WITH ANY OTHER SERVICE USER OR YOUR USE OF OR ACCESS TO THE SERVICE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU USE AND ACCESS THE SERVICE, ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICE), OR LOSS OF DATA RESULTING FROM USE OF OR ACCESS TO THE SERVICE AND MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Limitation of Liability
10.1 NO CONSEQUENTIAL DAMAGES. IN NO EVENT WILL THE BLACKBIRD ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) RELATED TO THIS AGREEMENT OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE BLACKBIRD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROVIDED IN SECTION 20.4(iii), THE AGGREGATE LIABILITY OF THE BLACKBIRD ENTITIES TO YOU FOR ALL MATTERS ARISING OUT OF THIS AGREEMENT OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BLACKBIRD FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO CLAIMS; OR (B) $100.
10.2 THIRD-PARTY PROVIDER SERVICES. THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, HARMFUL, OR OTHERWISE UNSAFE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. IN NO EVENT WILL THE BLACKBIRD ENTITIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES OF THIRD-PARTY PROVIDERS, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS.
10.3 EXCEPTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.4 COMPLIANCE WITH LAWS AND REGULATIONS. BLACKBIRD MAY INTRODUCE YOU TO THIRD-PARTY PROVIDERS TO PROVIDE YOU WITH TRANSPORTATION SERVICES, BUT BLACKBIRD DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY PROVIDER. IN PARTICULAR, BLACKBIRD WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY PROVIDER’S FAILURE TO (1) MAINTAIN A CURRENT LICENSE AND/OR PERMIT, OR (2) OTHERWISE COMPLY WITH ALL APPLICABLE LAWS OR REGULATIONS. BLACKBIRD WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS RELATED TO DISPUTES, BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. RESPONSIBILITY FOR THE DECISIONS YOU MAKE WHEN YOU ENGAGE A THIRD-PARTY PROVIDER THROUGH THE SERVICE RESTS SOLELY WITH YOU.
10.5 DISPUTES WITH THIRD PARTIES. ANY DISPUTE YOU HAVE WITH A THIRD-PARTY IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE BLACKBIRD ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
10.6 Allocation of risk. THE PROVISIONS OF SECTION 9 AND THIS SECTION 10 ALLOCATE RISKS BETWEEN THE PARTIES, AND BLACKBIRD’s PRICING REFLECTS THIS ALLOCATION. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify Blackbird and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Blackbird Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your breach of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or violation of any applicable law or regulation; or (d) any dispute or issue between you and any third party, including any Third-Party Provider. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
12. Third-Party Services and Linked Websites. Blackbird may provide tools through the Service that enable you to export information to third party services, including features that allow you to link your account on the Service with an account on a third party service, such as Twitter or Facebook, or our implementation of third party buttons (such as “like” or “share” buttons). By using any of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Such websites are not under our control and we are not responsible for their content.
13.2 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as rules that apply to a particular feature or content on the Service, subject to Section 14. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
14. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was effective at the time the dispute arose.
15. Ownership; Proprietary Rights. The Service is owned and operated by Blackbird. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Blackbird are protected by intellectual property and other laws. All Materials are the property of Blackbird or our third-party licensors. Blackbird reserves all rights to the Materials not expressly granted in these Terms.
16. Feedback. If you choose to provide us with input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Blackbird a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
17. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Blackbird agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute.
18. Force Majeure. Blackbird shall not be liable for any default or delay in the performance of its obligations under these Terms to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
20. Dispute Resolution and Arbitration
20.1 Generally. In the interest of resolving disputes between you and Blackbird in the most expedient and cost effective manner, you and Blackbird agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BLACKBIRD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
20.2 Exceptions. Despite the provisions of Section 20.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
20.3 Arbitrator. Any arbitration between you and Blackbird will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Blackbird.
20.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Blackbird's address for Notice is: Blackbird Air Inc., c/o The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Blackbird may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Blackbird must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Blackbird will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Blackbird in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
20.5 Fees. If you commence arbitration in accordance with these Terms, Blackbird will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Blackbird for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
20.6 No Class Actions. YOU AND BLACKBIRD 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 PROCEEDING. Further, unless both you and Blackbird agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
20.7 Modifications to this Arbitration Provision. If Blackbird makes any future change to this arbitration provision, other than a change to Blackbird's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Blackbird's address for Notice, in which case your account with Blackbird will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
20.8 Enforceability. If Section 20.6 is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
22. Contact Information. The Service is offered by Blackbird Air Inc., located at Blackbird Air Inc., c/o The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
23. Notice Regarding Apple. To the extent that you use our mobile applications on an iOS device, the terms of this Section 23 apply. You acknowledge that these Terms are between you and Blackbird 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 these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms 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.
HITCH MEMBERSHIP AGREEMENT
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH BLACKBIRD AIR, INC. OFFERS YOU ACCESS TO THE HITCH PRODUCT.
This is the user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for Blackbird Air’s Hitch product (the “Hitch Product”), an application owned and operated by Blackbird Air, Inc., a Delaware corporation, whose principal office is located at 333 Kearny Street, San Francisco, CA 94108 (“Blackbird”). This Agreement is a legally binding agreement made between You ("You," "Your," or "Yourself") and Blackbird ("We," "Us" or "Our") regarding the Hitch Product.
We are providing the Hitch Product to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the Hitch Product, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then Hitch is unwilling to provide the Hitch Product to You.
The Hitch Product provides a means to enable persons who seek transportation to certain destinations ("Passengers") to be matched with persons flying to those destinations independently ("Pilots"). For purposes of this Agreement, these services shall collectively be defined as the "Services". This Agreement describes the terms and conditions that will govern Your use of and participation in the Hitch Product.
Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a participant in Hitch and a User of Services available on the Hitch Product ("Passenger" or "User"); and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS HITCH OR REGISTER FOR THE SERVICES PROVIDED ON HITCH. We may amend this Agreement at any time by posting the amended terms on the Hitch Product or Our website. If We post amended terms on the Hitch Product or Our website, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the Hitch Product. This Agreement may not be otherwise amended except in writing signed by You and Hitch.
WE DO NOT PROVIDE TRANSPORTATION SERVICES AND ARE NOT A DIRECT OR INDIRECT AIR CARRIER, OR AGENT (EXCEPT AS PROVIDED HEREIN). IT IS UP TO THE PILOT TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A PASSENGER MATCHED THROUGH THE HITCH PRODUCT, AND IT IS UP TO THE PASSENGER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY PILOT MATCHED THROUGH THE HITCH PRODUCT. ANY DECISION BY A HITCH USER TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE HITCH PRODUCT IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. HITCH OFFERS INFORMATION AND A METHOD TO CONNECT PILOTS AND PASSENGERS WITH EACH OTHER. WE DO NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A DIRECT OR INDIRECT AIR CARRIER, OR AGENT (EXCEPT AS PROVIDED HEREIN) AND HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY PASSENGER BY ANY PILOT USING THE HITCH PRODUCT.
Hitch's responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Pilot for the purpose of accepting payments of the Passenger(s)' share(s) of Flight (as defined below) costs from the Passenger(s) on behalf of the Pilot.
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services, You represent and warrant that You are 18 or older. By using the Hitch Product or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or Hitch for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. We have no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Us immediately.
TERM AND TERMINATION
This Agreement is effective upon use of the Hitch Product or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in the Hitch Product by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, We will remove all of Your information from Our servers, though We may retain an archived copy of records We have about You as required by law or for legitimate business purposes. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the Hitch Product is terminated, this Agreement will remain in effect.
HOW THE SERVICES WORK
The Services can be used to facilitate the submission of Pilot Flights (“Flights”), and the matching of Passenger Rides (“Rides”) with such Flights. If You wish to submit a Ride as a Passenger or submit a Flight as a Pilot, You must first register to create a Hitch Account (defined below).
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE MATCHING OF RIDES. WE CANNOT AND DO NOT CONTROL THE CONTENT CONTAINED IN ANY SUBMITTED FLIGHTS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY AIRCRAFT. WE ARE NOT RESPONSIBLE FOR AND DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL FLIGHTS AND AIRCRAFT. ACCORDINGLY, ANY ACCEPTANCE OF A MATCH WILL BE MADE AT THE PASSENGER'S AND PILOT'S OWN RISK.
In order to access certain features of the Services, and to submit a Ride or a Flight, You must register to create an account (“Hitch Account”) and become a Member. We will create Your Hitch Account and Your Hitch Account profile page for Your use of the Services based upon the personal information You provide to us. You may not have more than one (1) active Hitch Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate Your Hitch Account and Your access to the Services if You create more than one (1) Hitch Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding Your password. You agree that You will not disclose Your password to any third party and that You will take sole responsibility for any activities or actions under Your Hitch Account, whether or not You have authorized such activities or actions. You will immediately notify Us of any unauthorized use of Your Hitch Account.
As a Pilot Member, You may submit Flights in the Hitch Program. To this end, You will be asked a variety of questions about the Flight to be submitted, including, but not limited to, the aircraft make and model, airports of origin and destination, date and time of departure, number of passenger places available, weight allowances, total cost of the Flight. Hitch will estimate the total amount of sharable Flight costs and the per-Passenger sharable costs based on the information You provide. You represent and warrant that the information provided is accurate. You acknowledge and agree that other Members will be Matched with seats on Your Flight via the Services based upon the information provided in Your Flight.
You acknowledge and agree that You are responsible for any and all Flights You submit. We reserve the right, at any time and without prior notice, to remove or disable the ability to match a Flight for any reason, including Flights that We, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
You understand and agree that We do not act as a contracting agent for You as a Pilot. If a Passenger’s Ride matches Your Flight and You accept the Passenger, any agreement You enter into with such Passenger is between You and the Passenger; and We are not a party thereto. Notwithstanding the foregoing, We serve as Your limited authorized agent as the Pilot for the purpose of accepting payments of shared costs from Passengers on Your behalf and are responsible for transmitting such payments to You.
If You are a Pilot and a Ride is matched with Your Flight via the Services, You will be required to either accept or reject the match within 24 hours of when the match is made. When a Ride is matched via the Services, we will share with You (i) the first and last name of the Passenger, the Passenger's weight and baggage weight and any additional information supplied by the Passenger, and (ii) a link to the Passenger's Hitch Account profile page, so You can view such information before accepting or rejecting the Ride. If You are unable to decide to accept or reject a Ride based on the information provided by the prospective Passenger, You will have an opportunity to request further information from the Passenger via the Hitch Product. When You accept a Ride and the Passenger accepts the Flight, Hitch will send You an email, text message or message via the Services confirming such arrangement and containing direct contact information for the Passenger. As a Pilot Member, You have the ability to cancel a Flight at any time for any reason without penalty. As Pilot in Command of the aircraft, You further will make all determinations, at your sole discretion, concerning all aspects of a Flight, including but not limited to, time of departure, destination, and cancellation and may at your sole discretion modify or cancel a Flight plan at any time for any reason. As a Pilot Member, You may decline at any time to carry a Passenger for any reason, including but not limited to, deeming the information provided by a Passenger on a submitted Ride to be inaccurate.
As a Passenger Member, You may submit a Ride in the Hitch Program. To this end, You will be asked a variety of questions including, but not limited to, your desired airports of origin and destination, your desired date and time of departure, number of passengers in your party (“Participants”), the weight of Yourself and any other persons in Your party, the weight of Your baggage, and Your age. You represent and warrant that the information provided is accurate.
If Your Ride matches with a Pilot’s Flight, Hitch will transmit Your Ride to the Pilot, who must respond by accepting or rejecting Your Ride or requesting further information. If the Pilot accepts Your Ride, Hitch will transmit the Pilot’s acceptance to You, along with the Flight’s estimated shared costs and the Pilot’s direct contact information. You acknowledge that information about a Flight's shared cost is an estimate based on average flight times for the flight plan and aircraft for the Flight, and that the actual shared cost for such Flight will be determined after the Flight is completed based on actual flying time and the actual number of Passengers who are on the Flight, as provided by the Pilot after the completion of the Flight. You will be required to either confirm or reject the match within 24 hours of when the match is made. You understand that when You accept a match, You create a binding commitment on Your part to take the Ride; and You further agree to honor Your commitments to take any such Rides.
As a Passenger Member, You will be required to pay Your pro-rata share of allowable Flight costs (“Passenger Contribution”). Allowable shared costs for a Flight with Passengers matched via the Services may only include aircraft rental costs, fuel and oil costs (if a Pilot owns the aircraft or if rental costs are “dry”) and certain airport fees. The Passenger Contribution will be determined by dividing the total allowable Flight costs by the total number of Participants on the Flight. The estimated Passenger Contribution will be displayed to a Pilot upon submitting a Flight. As a Pilot, You will not receive any compensation or consideration for providing a Ride to a Passenger other than the amount of the afore-mentioned Passenger Contribution, and You must pay Your pro-rata share of allowable costs for any Flight conducted with Passengers via the Services.
We receive an administrative fee based upon a percentage of the amount of the Passenger Contribution (“Administration Fee”). The Administrative Fee is charged to the Passenger, and the estimated Administrative Fee is displayed to the Passenger upon submitting a Ride. We, at our sole discretion, may decline to assess an Administrative Fee.
As a Passenger, You acknowledge and agree that, notwithstanding the fact that We are not a party to the agreement between You and the Pilot, We act as the Pilot's payment agent for the limited purpose of accepting payments from You of Your Passenger Contribution, on behalf of the Pilot. In order to submit a Ride, pending the applicable Pilot's acceptance or rejection of Your Ride, You understand and agree that We reserve the right, in our sole discretion, to (i) obtain a pre-authorization via Your credit card for the estimated Passenger Contribution and Administrative Fee and/or (ii) charge Your credit card a nominal amount, not to exceed one dollar ($1) to verify Your credit card. You agree to pay the amount of the Passenger Contribution and Administrative Fee for any Ride in connection with Your Hitch Account if such Ride is accepted and You participate as a Passenger on such Flight.
In connection with Your Ride, You will be asked to provide customary billing information such as name, billing address and credit card information either to Us or our third party payment processor, Stripe, Inc. We, or Stripe, will charge your credit card for the Passenger Contribution and the Administrative Fee upon completion of Your Flight.
Hitch will remit Passenger Contributions to Pilots via direct deposit or other payment methods described on the Services within a commercially reasonable time of the completion of a Flight.
If a Pilot cancels a Flight on which You are matched to be a Passenger, You will not be charged a Passenger Contribution or an Administrative Fee and any hold on Your credit card will be released. If, as a Passenger, You cancel a Ride on a Flight up to 24 hours prior to such Flight's anticipated departure time, You will not be charged a Passenger Contribution or an Administrative Fee and any hold on Your credit card will be released. If, as a Passenger, You cancel a Ride within twenty four (24) hours of the anticipated departure time, You agree to pay a “Cancellation Fee” of $10. If You decide at any time to cancel a Ride, You agree to inform the Pilot immediately, either via the Services or directly using the Pilot's contact information provided by Hitch.
APPOINTMENT OF HITCH AS PAYMENT AGENT FOR PILOT
Each Pilot hereby appoints Us as the Pilot's limited agent solely for the purpose of collecting payments of the Passenger Contribution made by the Passenger on behalf of the Pilot.
Your Information is any information You provide, publish or display ("post") to the Hitch Product or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information"). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the Hitch Product, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
You understand and agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right but are not obligated to investigate and terminate Your participation in the Hitch Product if You have misused the Hitch Product or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. In connection with Your use of our Services, You may not and You agree that You will not on behalf of Yourself and, if a Passenger, any Participants:
• As a Pilot, submit Flights that You would not make if no Passengers contacted You through the Services.
• As a Pilot, change or modify the submitted Flight in response to preferences received from a Passenger.
• As a Pilot, offer or provide transportation service for profit, operate as an air carrier, or otherwise seek compensation from Passengers, including using flying hours accumulated during Flights with Passengers contacted through the Services to fill additional certification requirements.
• As a Passenger, contest or refuse to adhere to or comply with any decision made by a Pilot who is a Pilot in Command of an aircraft and that are consistent with the normal duties and authorities of a Pilot in Command including, but not limited to, decisions to modify or cancel a Flight or to refuse to carry a Passenger.
In addition, by using the Services, You agree that You will:
• As a Pilot, communicate any changes to a Flight, including delays and cancellations, promptly to Passengers contacted through the Services, including updating any Flight(s) that has changed with accurate information promptly.
• As a Pilot, agree that You will provide updated actual Flight information on the Services promptly after a Flight conducted with Passengers is completed (note: for a trip with multiple legs, this will occur after all legs are completed).
• As a Passenger, acknowledge that each Pilot You contact through the Services is the Pilot in Command and, accordingly, will at his or her sole discretion make all determinations concerning all aspects of a Flight, including but not limited to, time of departure, destination, and cancellation and may at his or her sole discretion modify or cancel a Flight plan at any time for any reason.
• As a Passenger, agree to provide accurate information when submitting a Ride, including but not limited to information provided in response to questions about a Passenger's weight and the weight of his or her baggage.
• As a Passenger, understand and agree that a Pilot may decline at any time to carry a Passenger for any reason, including but not limited to, deeming the information provided by a Passenger on a submitted Ride to be inaccurate.
• As a Passenger, agree to honor commitments made when accepting a Flight with a Pilot contacted through the Services and to communicate promptly to the Pilot any relevant changes including but not limited to, delays in arriving at an airport meeting location, cancellations, and changes in party composition or size.
FURTHER RESTRICTED ACTIVITIES
With respect to Your participation on the Hitch Product or through the Services, You will not:
• violate any local, state, federal or other law or regulation;
• use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
• use the Services for any commercial or other purposes that are not expressly permitted by the Agreement;
• copy, store or otherwise access any information contained on the Services or content therein for purposes not expressly permitted by the Agreement;
• interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Services;
• "stalk" or otherwise harass any person;
• submit, as a Pilot, Flights on any aircraft that You do not Yourself own or have permission to rent;
• impersonate any person or entity;
• register for more than one Hitch Account;
• contact a Pilot for any purpose other than in connection with such Pilot's Flight;
• contact a Passenger for any purpose other than responding to a Ride or asking a question related to such Passenger's Ride;
• when acting as a Pilot or Passenger, recruit or otherwise solicit any Member to join third party services or websites that are competitive to Hitch;
• use automated scripts to collect information or otherwise interact with the Services;
• use the Services to find a Pilot or Passenger and then arrange to provide a Flight or accept a Ride independent of the Services in order to circumvent the obligation to pay any Administrative Fee related to Hitch's provision of the Services;
• as a Pilot, submit any Flight that You do not intend to make, or as a Passenger submit any Ride that You do not intend to honor;
• post, upload, publish, submit or transmit any content that, in Our sole judgment: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from the Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
• use, display, mirror or frame the Services, or any individual element within the Services, Our name, any Blackbird or Hitch trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Our express written consent;
• access, tamper with, or use non-public areas of the Services, Our computer systems, or the technical delivery systems of Our providers;
• attempt to probe, scan, or test the vulnerability of any Blackbird system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us or any of Our providers or any other third party (including another user) to protect the Services;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
All trademarks, service marks, logos, trade names and any other proprietary designations of Hitch used herein are trademarks or registered trademarks of Blackbird.
Any of Your Information You upload, provide, or post on the Hitch Product may be accessible to certain Users of the Hitch Product. We cannot verify or guarantee the accuracy of the information Users provide Us on the Hitch Product, and We do not control the information provided by other Users that is made available through Our system. Therefore, We cannot and do not confirm each User's purported identity. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Hitch Product. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the Hitch Product, You agree to accept such risks; and We are not responsible for the acts or omissions of users on the Hitch Product. We encourage You to communicate directly with each potential Pilot or Passenger, as the case may be, prior to engaging in a Flight.
HITCH EMAIL AND TEXT COMMUNICATIONS
E-mail communications and text messages sent from Us or through Us are designed to make Your Hitch experience more efficient. By using the Services, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Flights or Rides, as the case may be, and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. Hitch reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do not use the Services.
All intellectual property rights on the Hitch Product and in the Services shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Hitch Product or the Services ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of Blackbird. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
We respect copyright law and expects Users to do the same. It is Our policy to terminate in appropriate circumstances the Hitch Accounts of Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to Our Copyright Agent at Blackbird Air Inc., 333 Kearny Street, San Francisco CA 94108:
1. A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringed is located. Include enough information to allow Us to locate the material, and explain why You think an infringement has taken place;
2. A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
3. Your address, telephone number, and e-mail address;
4. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner's behalf; and
6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Services, including: Your breach of this Agreement or the documents it incorporates by reference; or Your violation of any law or the rights of a third party, including, without limitation, Pilots, Passengers, other persons, as a result of Your own interaction with such third party, any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; Your ownership, use or operation of an aircraft, including Your provision of Flights to Passengers; and/or any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
We, Our subsidiaries, officers, directors, employees and our suppliers provide the Hitch Product and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Hitch Product and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Hitch Product or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the Hitch Product or in connection with the Service, whether posted or caused by Users of the Hitch Product, by Hitch, by third parties or by any of the equipment or programming associated with or utilized in the Hitch Product or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Hitch Product and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Hitch Product or in connection with any content. Hitch is not responsible for the conduct, whether online or offline, of any user of the Hitch Product or Services. It also is possible for others to obtain personal information about You due to Your use of the Hitch Product or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Hitch Product or through the Services.
You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Hitch Product or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or "hackers"). Hitch only offers a venue that enables Pilots and Passengers to match with each other. Hitch does not offer transportation services, and Hitch is not a direct or indirect air carrier, agent (except as provided herein) or transportation company. We are not involved in the actual transportation provided by Pilots to Passengers. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants' information listed on the Hitch Product. We cannot ensure that a Pilot or Passenger is who he or she claims to be or that a Pilot or Passenger will actually complete an arranged service. We reserve the right to change any and all content, software and other items used or contained in the Hitch Product and the Services at any time without notice.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH HITCH, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF HITCH OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS AND PARTICIPANTS OF HITCH OR THE SERVICES, OR INTRODUCED TO YOU VIA HITCH OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
WE HAVE NO RESPONSIBILITY WHATSOEVER FOR THE ACTIONS OR CONDUCT OF PILOTS OR PASSENGERS. WE HAVE NO OBLIGATION TO INTERVENE IN OR BE INVOLVED IN ANY WAY IN DISPUTES THAT MAY ARISE BETWEEN PILOTS, PASSENGERS, OR THIRD PARTIES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SUBMITTING, PROVIDING OR ACCEPTING FLIGHTS REST SOLELY WITH YOU. IT IS EACH PILOT'S AND PASSENGER'S RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY PARTY THEY MAY INTERACT WITH THROUGH USE OF THE SERVICES. USERS UNDERSTAND AND ACCEPT THAT WE HAVE NO CONTROL OVER THE IDENTITY OR ACTIONS OF THE PASSSENERS AND PILOTS, AND WE REQUEST THAT USERS EXERCISE CAUTION AND GOOD JUDGMENT WHEN USING THE SERVICES. PILOTS AND PASSENGERS USE THE SERVICES AT THEIR OWN RISK.
Except as explicitly stated otherwise, any notices to Us shall be given by certified mail, postage prepaid and return receipt requested to Blackbird Air, Inc., 333 Kearny Street, San Francisco CA 94108, and any notices to You shall be provided to You through the Hitch Product or given to You via the email address You provide to Hitch during the registration process. In the case of the former, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at firstname.lastname@example.org
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us, in Our sole discretion in accordance with the "Notices" section of this Agreement. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and Us with respect to the subject matter hereof.
DATA WE COLLECT FROM YOU
In order to operate the Hitch Product and to provide You with information about products or services that may be of interest to You, We may collect "personal information" (i.e. information that could be used to contact You directly (without using the Hitch Product) such as full name, phone number, credit/debit card information, or email address) or "demographic information" (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information. Demographic information is divided into two categories: 1) "non-public information", which consists of Ride transaction information and one-on-one communications between You and other users of the Hitch Product; and 2) "public information", which consists of all other demographic information. Please note that nowhere on the Hitch Product do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.
HOW WE USE PERSONAL INFORMATION
We use Your email address and Your other personal information to help Us efficiently operate the Hitch Product, to contact You in connection with Your transactions and other activities on the Hitch Product (including, but not limited to, confirmation emails, or important news that could affect Your relationship with Hitch), to forward trip information to You from other Users, to forward trip information from You to other Users, and to contact You and others to suggest potential matches. These types of communications are known as "Operational Communications."
To operate the Hitch Product, including processing Your transactions and supporting Your activities on the Hitch Product, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.
HOW TO EDIT YOUR INFORMATION
Hitch provides You with the ability to access and edit Your personal information. To update Your personal info, click “My Account” in the Blackbird app or website. There You can view, update and correct Your account information.
Our databases automatically update any personal information You edit in Your account.
Hitch provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. Users have the option to remove their information from Our database, or to not receive future communications.
SPECIAL CASES IN WHICH WE SHARE PERSONAL INFORMATION
Your personal information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information when We determine that such disclosure is necessary to comply with applicable law or judicial order, to cooperate with law enforcement or to protect the interests or safety of Us or other visitors to the Hitch Product.
OUR SECURITY PRECAUTIONS
Your Hitch Profile is password-protected so that only You and authorized Hitch employees have access to Your account information. Our staff will never proactively reach out to You and ask for any personal account information, including Your password. If You share a computer, You should sign out of Your Hitch Account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.
We have security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.
If You have any questions about this privacy statement, the Our practices, or Your dealings with Us or the Hitch Product, You may contact Us at Info@flyblackbird.com.