Jetting, LLC - Terms of Service

Updated: August 25, 2025

These Terms of Service constitute a legally binding agreement (the "Agreement") between you and Jetting, LLC (dba "jett.ing"), its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively, "jett.ing," "we," "us" or "our") governing your use of the jett.ing applications, websites, technology, facilities, and platforms (collectively, the "jett.ing Platform").

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND JETTING.LLC CAN BE BROUGHT (SEE THE "DISPUTE RESOLUTION AND ARBITRATION AGREEMENT" SECTION BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A JURY TRIAL, AND (2) SUBMIT CLAIMS YOU HAVE AGAINST JETT.ING TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

AS A SEARCHER, YOUR USE OF THE JETT.ING PLATFORM IS SUBJECT TO MEMBERSHIP REQUIREMENTS. YOU MUST MAINTAIN AN ACTIVE MEMBERSHIP TO PURCHASE FLIGHT SERVICES. MEMBERSHIP FEES ARE NON-REFUNDABLE EXCEPT AS REQUIRED BY LAW.

AS A PROVIDER, YOU ARE SUBJECT TO BOTH THESE TERMS OF SERVICE AND A SEPARATE PROVIDER AGREEMENT. YOU WILL COLLECT PAYMENT DIRECTLY FROM SEARCHERS AND WILL BE INVOICED BY JETT.ING FOR SERVICE FEES AFTER FLIGHT DEPARTURE.

AS A CUSTOMER, PROVIDER, OR MEMBER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION CONCERNING CERTAIN CLAIMS AS SPECIFIED IN THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT SECTION.

For Providers: If you are accessing the jett.ing Platform to provide Flight Services as a Provider, you are subject to both these Terms of Service and the separate Provider Agreement that you will execute upon onboarding. The Provider Agreement contains additional terms specific to your provision of Flight Services, including payment terms, service standards, and insurance requirements. In the event of any conflict between these Terms of Service and the Provider Agreement with respect to your provision of Flight Services, the Provider Agreement shall control.

By entering into this Agreement, and/or using or accessing the jett.ing Platform, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions set out in the Dispute Resolution and Arbitration Agreement) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE JETT.ING PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE JETT.ING PLATFORM. If you use the jett.ing Platform in another country, you agree to be subject to jett.ing's terms of service for that country. If you are accessing or using the jett.ing Platform to access or use jett.ing Business services on behalf of an organization contracted with jett.ing, and you are not accessing or using the jett.ing Platform as a Searcher or Provider, your access and use is governed by the contract between jett.ing and your organization.

When using the jett.ing Platform, you also agree to conduct yourself following our Community Guidelines, which shall form part of this Agreement between you and jett.ing.

The jett.ing Platform

The jett.ing Platform provides a marketplace where persons who seek transportation to certain destinations ("Searchers") can be matched with transportation options to such destinations. One option for Searchers evaluate flights being operated by providers who have available capacity on flights to those destinations ("Providers"). Providers, Searchers, and any other individuals, excluding any Excluded Individuals, using the jett.ing Platform are collectively referred to herein as "Users," and the flight services given by Providers to Searchers, and other transportation related services furnished by Providers in connection with the jett.ing Platform, shall be referred to herein as "Flight Services." "jett.ing Services" shall include any service provided by jett.ing pursuant to the jett.ing Platform (for clarity, jett.ing Services does not include Flight Services or Third-Party Services).

As a User, you authorize jett.ing to provide information on available flights from Providers based on factors such as your search criteria or saved searches. Any decision by a User to offer or accept Flight Services is a decision made in such User's sole discretion. A separate agreement is formed between Providers and Searchers when the Searcher accepts the Flight Services offered by the Provider. As used herein, "Excluded Individuals" means any individual who is registering to use the jett.ing Platform or whose use of the jett.ing Platform is on behalf of an organization contracted with jett.ing, except as a Searcher or Provider.

Users must maintain an active membership to complete flight purchases through the jett.ing Platform, though non-members may search and browse available flights. Providers must execute a Provider Agreement upon onboarding, which governs the specific terms of their participation in providing Flight Services, including the payment structure whereby Providers collect payment directly from Searchers and are subsequently invoiced by jett.ing for applicable service fees.

In any case, your use of jett.ing Services through the jett.ing Platform may be subject to additional agreements between you and jett.ing as applicable to the particular service in the particular market ("Supplemental Agreements"). Please review any applicable Supplemental Agreements carefully. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF A SUPPLEMENTAL AGREEMENT, YOU MAY NOT USE JETT.ING SERVICES IN SUCH MARKET. In the event of any conflict between this Agreement and the terms and conditions of any Supplemental Agreement, the terms of this Agreement shall control, unless such Supplemental Agreement specifically states otherwise.

Modification to the Agreement

jett.ing reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you only upon your acceptance of the modified Agreement. jett.ing reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the jett.ing Platform after any such changes shall constitute your acceptance of such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

Eligibility

The jett.ing Platform may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein.

Membership Requirements: To purchase Flight Services through the jett.ing Platform, Searchers must maintain an active jett.ing membership. Non-members may browse and search available flights but cannot complete flight bookings. Membership is subject to approval by jett.ing and may be revoked for violations of this Agreement or our Community Guidelines.

The jett.ing Platform is not available to Users who have had their User account or membership temporarily or permanently deactivated. You may not allow other persons to use your User account or membership, you agree that you are the sole authorized user of your User account, and you may not use your User account on behalf of any third party, except as otherwise expressly permitted by jett.ing. To use the jett.ing Platform, each User shall create a User account. Each person may only create one User account, and jett.ing reserves the right to deactivate any additional or duplicate accounts.

Organizational Memberships: Organizations may establish corporate or group membership arrangements subject to separate agreements with jett.ing. Individual users accessing the platform under organizational memberships remain bound by these Terms of Service.

Your participation in certain jett.ing programs and use of certain jett.ing services may be subject to additional eligibility requirements as determined by jett.ing. By becoming a User, you represent and warrant that you are at least 18 years old.

Membership Terms

Your jett.ing membership is personal to you and non-transferable. Membership benefits, pricing, and terms may vary based on your selected membership tier. jett.ing reserves the right to:

  • Modify membership tiers, benefits, and pricing with thirty (30) days' notice to existing members
  • Suspend or terminate memberships for violation of these Terms of Service, the Community Guidelines, or for any activity that jett.ing determines may be harmful to other Users or the jett.ing community
  • Deny membership applications or renewals at our discretion
  • Require identity verification or additional documentation to maintain membership

Membership suspension or termination does not relieve you of any obligations for Charges incurred prior to suspension or termination. If your membership is terminated for cause, you forfeit any remaining membership period without refund.

Charges

As a User, you understand that request or use of Flight Services, jett.ing Services, or Third-Party Services may result in charges ("Charges") to you and/or to an organization, if applicable.

Membership Fees

jett.ing operates on a membership model. To purchase Flight Services through the jett.ing Platform, Searchers must maintain an active membership. Non-members may search and browse available flights but cannot complete flight purchases. Membership fees are set by jett.ing and may vary based on membership tier, duration, and benefits offered. All membership fees are non-refundable except as required by law. Your membership will automatically renew at the end of each membership period unless you cancel prior to renewal. You authorize jett.ing to charge your payment method on file for recurring membership fees according to your selected membership plan.

Flight Service Charges

Flight Service Charges ("flight charges") are advertised on their respective flight listings on the jett.ing Platform. These advertised prices are the total amount Searchers pay for Flight Services. You shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Provider Fees

Providers are charged a service fee based on the advertised cost of each flight, as detailed in the Provider Agreement executed upon onboarding to the jett.ing Platform. Providers are responsible for receiving the full flight payment from the referred customer. Jett.ing's fees will be billed to providers in arrears after the flight departure. Specific fee percentages and payment terms are governed by the Provider Agreement.

Other Charges

Other fees and surcharges may apply to your flight, including, but not limited to: actual or anticipated airport fees, state fees, local fees, event fees, fuel surcharges, as determined by jett.ing or its marketing partners. In addition, where required by law jett.ing will collect applicable taxes.

Charges Generally

  • Facilitation of Charges. All Charges are facilitated through a third-party payment processor (Stripe, Inc.). jett.ing may replace its third-party payment processor without notice to you. Your payment of Charges to jett.ing satisfies your payment obligation for your use of the jett.ing Platform, jett.ing Services, Third-Party Services, and Flight Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency indicated in your settings. If your primary payment method expires, is invalid, or if Charges to your primary payment method are unable to be processed for whatever reason, then you agree that jett.ing may charge your other available payment methods in the jett.ing Platform. If you don't recognize a transaction, then check your flight receipts and payment history.
  • No Refunds. All Charges are non-refundable except to the extent required by law. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the jett.ing Platform, any disruption to the jett.ing Platform, jett.ing Services, Third-Party Services, or Flight Services, or any other reason whatsoever.
  • Coupons. You may receive coupons, credits, discounts, or other promotions (collectively, "Coupons") that you can apply toward payment of certain Charges. Coupons are valid only for use on the jett.ing Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your Charges exceeds the applicable Coupon value, we may charge your payment method on file for the Charges in excess of the Coupon amount. With respect to Charges, jett.ing may deduct the amount attributable to the Service Fee, or Other Charges before application of the Coupon. Additional restrictions on Coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant Coupon within the Rewards section of the jett.ing Platform.
  • Supplemental Charges. Charges related to jett.ing Services may be further detailed in the applicable Supplemental Agreement.
  • Third-Party Charges. If you choose to purchase Third-Party Services (described the the Third Party Services section) through the jett.ing Platform, you authorize your payment method on file to be charged according to the pricing terms set by jett.ing or the third-party provider, or as otherwise provided in the terms of the purchased services.
  • Payment Card Authorization. Upon addition of a new payment method or each request for jett.ing Services, Flight Services, or Third-Party Services, jett.ing may seek authorization of your selected payment method to verify the payment method, ensure the Charges will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank's next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. jett.ing is not responsible for these charges and is unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

For clarity, jett.ing does not charge a fee for Users to access the jett.ing Platform, but retains the right to charge Users and/or organizations, if applicable, a fee or any other Charge for accessing or using jett.ing Services, Flight Services, or Third-Party Services made available through the jett.ing Platform.

Provider Payments

If you are a Provider, you will receive payment directly from Searchers for your provision of Flight Services. jett.ing will invoice you for applicable service fees after flight departure pursuant to the terms of the Provider Agreement, which shall form part of your agreement with jett.ing. The Provider Agreement details the fee structure, invoicing schedule, payment terms, and your obligations regarding collection of payments from Searchers.

These changes create a more coherent structure that:

  1. Clearly establishes the membership requirement upfront
  2. Distinguishes between the general Terms of Service and the Provider-specific agreement
  3. Clarifies the payment flow where Providers collect directly from customers
  4. Adds appropriate membership management rights for jett.ing
  5. Provides flexibility for organizational membership structures

jett.ing Communications

By entering into this Agreement or using the jett.ing Platform, you agree to receive communications from us, our affiliates, or our third-party partners, at any of the phone numbers provided to jett.ing by you or on your behalf, and also via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from jett.ing, its affiliated companies and/or Providers may include but are not limited to: operational communications concerning your User account or use of the jett.ing Platform, jett.ing Services, Third-Party Services or Flight Services, updates concerning new and existing features on the jett.ing Platform, communications concerning marketing or promotions run by us or our third-party partners, and news concerning jett.ing and industry developments. If you change or deactivate the phone number you provided to jett.ing, you agree to update your User account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY REPLY "STOP" TO ANY RECEIVED MESSAGE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE JETT.ING PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM JETT.ING (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN REPLY THE WORD "STOP" FROM THE MOBILE DEVICE RECEIVING THE MESSAGES; HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE JETT.ING PLATFORM OR RELATED SERVICES. WHEN YOU OPT OUT TEXTS OR CALLS, YOU MAY RECEIVE A ONE-TIME OPT-OUT CONFIRMATION TEXT MESSAGE. NO FURTHER MESSAGES WILL BE SENT TO YOUR MOBILE DEVICE, UNLESS INITIATED BY YOU. FOR COMMUNICATION SERVICE SUPPORT OR ASSISTANCE, PLEASE VISIT OUR HELP CENTER.

Your Information

Your Information is any information you provide, publish or post, and any information provided on your behalf, to or through the jett.ing Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any jett.ing-related Facebook, Twitter or other social media posting) (your "Information"). You consent to us using your Information to create a User account that will allow you to use the jett.ing Platform, jett.ing Services, and participate in the Flight Services. Our collection and use of personal information in connection with the jett.ing Platform, jett.ing Services, and Flight Services is as provided in jett.ing's Privacy Policy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete Information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable jett.ing to use your Information for the purposes described in the Privacy Policy and this Agreement, or to otherwise improve the jett.ing Platform, jett.ing Services, or Flight Services you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. jett.ing does not assert any ownership over your Information; rather, as between you and jett.ing, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

Promotions, Referrals, and Loyalty Programs

jett.ing, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. jett.ing reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that jett.ing determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. jett.ing reserves the right to terminate, discontinue, modify or cancel any promotions or programs at any time and in its sole discretion without notice to you.

jett.ing's referral program may provide you with incentives to refer your friends and family to become new Users of the jett.ing Platform in your country (the "Referral Program"). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.

Restricted Activities

With respect to your use of the jett.ing Platform, jett.ing Services, Third-Party Services, and your participation in the Flight Services, you agree that you will not:

  1. impersonate any person or entity;
  2. stalk, threaten, or otherwise harass any person, or carry any weapons;
  3. violate any law, statute, rule, permit, ordinance or regulation;
  4. interfere with or disrupt the jett.ing Platform or the servers or networks connected to the jett.ing Platform;
  5. post Information or interact on the jett.ing Platform, jett.ing Services, Third-Party Services, or Flight Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
  6. use the jett.ing Platform in any way that infringes any third party's rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the jett.ing Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the jett.ing Platform;
  9. "frame" or "mirror" any part of the jett.ing Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
  10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the jett.ing Platform;
  11. rent, lease, lend, sell, redistribute, license or sublicense the jett.ing Platform or access to any portion of the jett.ing Platform;
  12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", copy, access, acquire information, generate impressions or clicks, input or store information, search, monitor any portion of the jett.ing Platform, or in any way reproduce or circumvent the navigational structure or presentation of the jett.ing Platform or its contents;
  13. link directly or indirectly to any other websites;
  14. transfer, lend, or sell your User account, and/or identification, or any other User's Information to any other party;
  15. use a false email address or other identifying information, impersonate or misrepresent any person or entity, or your affiliation with any person or entity, or otherwise omit, misrepresent, or mislead as to the origin or source of any entity accessing the jett.ing Platform;
  16. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;
  17. violate any of the Referral Program rules if you participate in the Referral Program;
  18. commercialize the Flight Services, Third-Party Services, or our jett.ing Services without an agreement directly with jett.ing;
  19. misuse or abuse the Flight Services, Third-Party Services, or our jett.ing Services in violation of eligibility requirements as determined by jett.ing;
  20. violate jett.ing's Policy Against Sexual Assault, Misconduct, and Harassment;
  21. circumvent any measures implemented by jett.ing to prevent or address violations of this Agreement; or
  22. cause any third party to engage in the restricted activities above.

Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security or violation of this Agreement, you agree to notify us immediately.

Provider Representations, Warranties and Agreements

By providing Flight Services as a Provider on the jett.ing Platform, you represent, warrant, and agree that:

  1. You possess valid licensing license and are authorized provide flight services to Searchers in all jurisdictions in which you provide Flight Services.
  2. You own, or have the legal right to operate or represent, the aircraft you use when providing Flight Services; such aircraft are in good operating condition and meet the industry safety standards and all applicable statutory and governmental department of aviation requirements for a aircraft of its kind operating.
  3. You will not attempt to defraud jett.ing or Searchers on the jett.ing Platform or in connection with your provision of Flight Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Charges or other payments for the flight(s) in question and take any other action against you available under the law.
  4. You will not discriminate against Searchers with disabilities and agree to review jett.ing's Anti-Discrimination Policies. You will make reasonable accommodations as required by law and our Service Animal Policy and Wheelchair Policy for Searchers who travel with their service animals or who use wheelchairs (or other mobility devices).
  5. You agree that we may obtain information about you, including your operating licenses, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
  6. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the aircraft you use to provide Flight Services, and you agree to provide proof of such insurance and that information regarding such insurance may be released to jett.ing upon jett.ing's reasonable request.
  7. You will pay all applicable federal, state and local taxes based on your provision of Flight Services and any payments received by you.
  8. You will comply with jett.ing's reasonable requests to provide information in connection with Searcher complaints, law enforcement requests, or any other incident.

Intellectual Property

All intellectual property rights in and to the jett.ing Platform shall be owned by jett.ing absolutely and in their entirety. These rights include database rights, inventions and patentable subject-matter, patents, 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. All other trademarks, logos, service marks, company or product names set forth in the jett.ing Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information ("Submissions") provided by you to us are non-confidential and shall become the sole property of jett.ing. jett.ing 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. Except for the explicit license grants hereunder, nothing in this Agreement shall be construed to transfer ownership of or grant a license under any intellectual property rights.

JETT.ING and other jett.ing logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of jett.ing in the United States and/or other countries (collectively, the "jett.ing Marks"). If you provide Flight Services as a Provider, jett.ing grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the jett.ing Marks solely on the jett.ing stickers/decals, and any other jett.ing-branded items provided by jett.ing directly to you in connection with providing the Flight Services ("License"). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without jett.ing's prior written permission, which it may withhold in its sole discretion. The jett.ing logo (or any jett.ing Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a jett.ing Mark in a domain name or jett.ing referral code, or use of a jett.ing Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Provider on the jett.ing Platform, but may not misidentify yourself as jett.ing, an employee of jett.ing, or a representative or agent of jett.ing.

You acknowledge that jett.ing is the owner and licensor of the jett.ing Marks, including all goodwill associated therewith, and that your use of the jett.ing logo (or any jett.ing Marks) will confer no interest in or ownership of the jett.ing Marks in you but rather inures to the benefit of jett.ing. You agree to use the jett.ing logo strictly in accordance with jett.ing's Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that jett.ing determines to be nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that use the jett.ing Marks or any derivatives of the jett.ing Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by jett.ing in writing; (2) use the jett.ing Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the jett.ing Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair jett.ing's rights as owner of the jett.ing Marks or the legality and/or enforceability of the jett.ing Marks, including, challenging or opposing jett.ing's ownership in the jett.ing Marks; (4) apply for trademark registration or renewal of trademark registration of any of the jett.ing Marks, any derivative of the jett.ing Marks, any combination of the jett.ing Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the jett.ing Marks; (5) use the jett.ing Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in jett.ing's sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the jett.ing Marks (in violation of this Agreement or otherwise), you agree that upon their creation jett.ing exclusively owns all right, title and interest in and to such materials, including any modifications to the jett.ing Marks or derivative works based on the jett.ing Marks or jett.ing copyrights. You further agree to assign any interest or right you may have in such materials to jett.ing, and to provide information and execute any documents as reasonably requested by jett.ing to enable jett.ing to formalize such assignment.

jett.ing respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the jett.ing Platform infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.

Disclaimers

The following disclaimers are made on behalf of jett.ing, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

jett.ing does not provide transportation services, and jett.ing is not a transportation carrier. jett.ing is not a common carrier or public carrier. It is up to the Provider to decide whether or not to offer a flights to a Searcher contacted through the jett.ing Platform, and it is up to the Searcher to decide whether or not to accept a flight from any Provider contacted through the jett.ing Platform. We cannot ensure that a Provider or Searcher will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Flight Services. Any safety-related feature, process, policy, standard, or other effort undertaken by jett.ing is not an indication of any employment or agency relationship with any User.

The jett.ing Platform is provided 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 jett.ing Platform, jett.ing Services, Third-Party Services, and/or the Flight Services, including the ability to provide or receive Flight Services at any given location or time. jett.ing reserves the right, for example, to limit or eliminate access to the jett.ing Platform for Flight Services, Third-Party Services, and/or jett.ing Services in specific geographic areas and/or at specific times based on commercial viability, public health concerns, or changes in law. To the fullest extent permitted by law, we 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.

We do not warrant that your use of the jett.ing Platform, jett.ing Services, Third-Party Services, or Flight Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the jett.ing Platform will be corrected, or that the jett.ing Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity, availability, accuracy, completeness, and reliability of the jett.ing Platform, jett.ing Services, Third-Party Services, or Flight Services, including with respect to mapping, estimated times of departure or arrival, and routing. You are responsible at all times for your conduct and the consequences of your conduct while using the jett.ing Platform.

jett.ing is not responsible for the conduct, whether online or offline, of any User of the jett.ing Platform, jett.ing Services, Third-Party Services, or Flight Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the aircraft or facilities by Providers or Searchers. By using the jett.ing Platform, jett.ing Services, Third-Party Services, and participating in the Flight Services, you agree to accept such risks and agree that jett.ing is not responsible for the acts or omissions of Users on the jett.ing Platform, jett.ing Services, Third-Party Services, or participating in the Flight Services.

You are responsible for the use of your User account and jett.ing expressly disclaims any liability arising from the unauthorized use of your User account.

It is possible for others to obtain information about you that you provide, publish or post to or through the jett.ing Platform (including any profile information you provide), send to other Users, or share during the Flight Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the jett.ing Platform or through the Flight Services, jett.ing Services, or Third-Party Services. Please carefully select the type of information that you post on the jett.ing Platform or through the Flight Services, jett.ing Services, or Third-Party 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").

Opinions, advice, statements, offers, or other information or content concerning jett.ing or made available through the jett.ing Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the jett.ing Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the jett.ing Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by the jett.ing Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither jett.ing, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the jett.ing Platform. Any of your Information, including geolocational data, you upload, provide, or post on the jett.ing Platform may be accessible to jett.ing and certain Users of the jett.ing Platform.

jett.ing advises you to use the jett.ing Platform with a data plan with unlimited or very high data usage limits, and jett.ing shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the jett.ing Platform.

This paragraph applies to any version of the jett.ing Platform that you acquire from the Apple App Store. This Agreement is entered into between you and jett.ing. Apple, Inc. ("Apple") is not a party to this Agreement and shall have no obligations with respect to the jett.ing Platform. jett.ing, not Apple, is solely responsible for the jett.ing Platform and the content thereof as set forth hereunder. However, Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple's Licensed Application End User License Agreement, for purposes of which, you are "the end-user." In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

Searchers and Providers may use Google Maps while using the jett.ing Platform. You agree that Google may collect your location data when the jett.ing Platform is running in order to provide and improve Google's services, that such data may also be shared with jett.ing in order to improve its operations, and that Google's terms and privacy policy will apply to this usage.

jett.ing shall not be in breach of this Agreement nor liable for failure or delay in performing obligations under this Agreement if such failure or delay results from events, circumstances or causes beyond its reasonable control including (without limitation) natural disasters or acts of God; labor disputes or stoppages; war; government action; epidemic or pandemic; chemical or biological contamination; strikes; riots; acts of domestic or international terrorism; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the party's reasonable control. All service dates under this Agreement affected by force majeure shall be extended for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations as soon as practicable after the force majeure condition ceases to exist.

Indemnity

You will indemnify and hold harmless and, at jett.ing's election, defend jett.ing including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the "Indemnified Parties") from and against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the jett.ing Platform, jett.ing Services, Third-Party Services, and participation in the Flight Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Providers, Searchers, other airport or airspace users, as a result of your own interaction with such third party; (3) any allegation that any materials or Information that you submit to us or transmit through the jett.ing Platform or to us infringes, misappropriates, or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a aircraft, including your provision of Flight Services as a Provider; and/or (5) any other activities in connection with the jett.ing Platform, jett.ing Services, Third-Party Services, or Flight Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You will not, without jett.ing's prior written consent, agree to any settlement on behalf of any Indemnified Party which includes either the obligation to pay any monetary amounts, or any admissions of liability, whether civil or criminal, on the part of any Indemnified Party.

Limitation of Liability

IN NO EVENT WILL JETT.ING, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY "JETT.ING" FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE JETT.ING PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE JETT.ING PLATFORM, JETT.ING SERVICES, THE FLIGHT 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. THE JETT.ING PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT JETT.ING HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT. FOR CLARITY AND WITHOUT LIMITING THE FOREGOING, JETT.ING HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON TRANSPORTATION, GOODS, OR THIRD-PARTY SERVICES SET FORTH IN THIS AGREEMENT OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. CERTAIN JURISDICTIONS MAY NOT ALLOW 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.

Term and Termination

This Agreement is effective upon your acceptance of this Agreement. This Agreement may be terminated: (a) by User, without cause, upon seven (7) days' prior written notice to jett.ing; or (b) by either Party immediately, without notice, upon the other Party's material breach of this Agreement, including but not limited to any breach of section in this agreement. In addition, jett.ing may terminate this Agreement or deactivate your User account immediately in the event: (1) you are no longer eligible to qualify as a User; (2) you no longer qualify to provide Flight Services or to operate the approved aircraft under applicable law, rule, permit, ordinance or regulation; (3) you fall below jett.ing's performance or cancellation threshold; or (4) jett.ing has the good faith belief that such action is necessary to protect the safety of the jett.ing community or third parties, provided that in the event of a deactivation pursuant to (1)-(4) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to jett.ing's reasonable satisfaction prior to jett.ing permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to jett.ing's satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

Dispute Resolution and Arbitration Agreement

(a) Agreement to Binding Arbitration Between You and jett.ing

YOU AND JETT.ING MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate ("Arbitration Agreement") is governed by the Federal Arbitration Act; but if the Federal Arbitration Act is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq., without regard to choice of law principles. This Arbitration Agreement survives after the Agreement terminates or your relationship with jett.ing ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and jett.ing, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and jett.ing's service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.

Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A "CLAIM" AND COLLECTIVELY, "CLAIMS") SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND JETT.ING. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the jett.ing Platform, the Flight Services, the jett.ing Services, jett.ing promotions, gift card, referrals or loyalty programs, the jett.ing Tablet, any other goods or services made available through the jett.ing Platform by jett.ing or a third-party provider, your relationship with jett.ing, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on jett.ing's behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by jett.ing, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act of 1974 (except for individual claims for employee benefits under any benefit plan sponsored by jett.ing and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND JETT.ING ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.

(b) Prohibition of Class Actions and Non-Individualized Relief

YOU UNDERSTAND AND AGREE THAT YOU AND JETT.ING MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS ("CLASS ACTION WAIVER"). YOU UNDERSTAND AND AGREE THAT YOU AND JETT.ING BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST JETT.ING, WHICH ARE ADDRESSED SEPARATELY IN SECTION DISPUTE RESOLUTION AND ARBITRATION AGREEMENT (C).

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.

(c) Representative PAGA Waiver

Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and jett.ing agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 ("PAGA"), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and jett.ing agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, "representative PAGA Waiver"). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.

(d) Rules Governing the Arbitration

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA's website (www.adr.org) (the "AAA Rules"). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person's Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.

As part of the arbitration, both you and jett.ing will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator's decision which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Searchers or Providers, but is bound by rulings in prior arbitrations involving the same Searcher or Provider to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.

(e) Arbitration Fees and Awards

The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:

  1. If jett.ing initiates arbitration under this Arbitration Agreement, jett.ing will pay all AAA filing and arbitration fees.
  2. With respect to any Claims brought by jett.ing against a Provider, or for Claims brought by a Provider against jett.ing that: (A) are based on an alleged employment relationship between jett.ing and a Provider; (B) arise out of, or relate to, jett.ing's actual deactivation of a Provider's User account or a threat by jett.ing to deactivate a Provider's User account; (C) arise out of, or relate to, jett.ing's actual termination of a Provider's Agreement with jett.ing under the termination provisions of this Agreement, or a threat by jett.ing to terminate a Provider's Agreement; (D) arise out of, or relate to, flight charges (including jett.ing's commission or fees), owed by jett.ing to Providers for Flight Services, other than disputes relating to referral bonuses, other jett.ing promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Provider (the subset of Claims in subsections (A)-(E) shall be collectively referred to as "Provider Claims"), jett.ing shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by jett.ing pursuant to the fee provisions above). However, if you are the party initiating the Provider Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Flight Services to Searchers, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.
  3. Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys' fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
  4. At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
  5. Although under some laws jett.ing may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, jett.ing agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
  6. If the arbitrator issues you an award that is greater than the value of jett.ing's last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then jett.ing will pay you the amount of the award or U.S. $1,000, whichever is greater.

(f) Location and Manner of Arbitration

Unless you and jett.ing agree otherwise, any arbitration hearings between jett.ing and a Searcher will take place in the county of your billing address, and any arbitration hearings between jett.ing and a Provider will take place in the county in which the Provider provides Flight Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.

(g) Exceptions to Arbitration

This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court's jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section (c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the Federal Arbitration Act; (3) claims for workers' compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the Federal Arbitration Act; and (5) individual claims of sexual assault or sexual harassment in connection with the use of the jett.ing Platform, jett.ing Services, or Flight Services. Where these claims are brought in a court of competent jurisdiction, jett.ing will not require arbitration of those claims. jett.ing's agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section (b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board ("NLRB"), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

(h) Severability

Except as otherwise provided in the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the Federal Arbitration Act, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

(i) Provider Claims in Pending Settlement

If you are a member of a putative class in a lawsuit against jett.ing involving Provider Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement's effective date (a "Pending Settlement Action"), then this Arbitration Agreement shall not apply to your Provider Claims in that particular class action. Instead, your Provider Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement's effective date.

(j) Opting Out of Arbitration for Provider Claims That Are Not In a Pending Settlement Action

As a Provider or Provider applicant, you may opt out of the requirement to arbitrate Provider Claims defined in Section (e)(2) (except as limited by Section (i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in jett.ing's Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with jett.ing. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Provider Claims, you may opt out of arbitration with respect to such Provider Claims, other than those in a Pending Settlement Action, by notifying jett.ing in writing of your desire to opt out of arbitration for such Provider Claims, which writing must be dated, signed and delivered by electronic mail to [email protected].

In order to be effective, (A) the writing must clearly indicate your intent to opt out of this Arbitration Agreement with respect to Provider Claims that are not part of a Pending Settlement Action, (B) the writing must include the name, phone number, and email address associated with your User Account, and (C) the email containing the signed writing must be sent within 30 days after the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and jett.ing shall be bound by the terms of this Arbitration Agreement in full (including with respect to Provider Claims that are not part of a Pending Settlement Action). As provided in paragraph 17(i) above, any opt out that you submit shall not apply to any Provider Claims that are part of a Pending Settlement Action and your Provider Claims in any such Pending Settlement Action shall continue to be governed by the arbitration provisions that are contained in the applicable jett.ing Terms of Use that you agreed to prior to the effective date of this Agreement.

You should assume that there are now, and may be in the future, lawsuits against jett.ing alleging class, collective, and/or representative Provider Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Provider Claims with jett.ing under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against jett.ing in an individual arbitration, except for the Provider Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Provider Claims under this Arbitration Agreement.

(k) Optional Pre-Arbitration Negotiation Process

Before initiating any arbitration or proceeding, you and jett.ing may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and jett.ing. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute ("Notice"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or as this could violate HIPAA non-discoverable as a result of its use in the negotiation.

(l) Binding Effect; Third-Party Beneficiaries

This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and permitted assigns, where their underlying claim(s) arise out of or relate to your use of the jett.ing Platform, jett.ing Services, or Flight Services. To the extent that any third-party beneficiary to this Agreement brings claims against a party, those claims shall also be subject to this Arbitration Agreement.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to jett.ing's business, operations and properties, information about a User made available to you in connection with such User's use of the jett.ing Platform, which may include the User's name, chosen airports, contact information and photo ("Confidential Information") disclosed to you by jett.ing for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the jett.ing Platform any Confidential Information obtained from the jett.ing Platform, except as it relates to providing contracted Flight Services. As a Provider, you understand that some of the Confidential Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 ("HIPAA"), governing the privacy and security of protected (patient) health information. In the event that you know a Searcher, you should not disclose to anyone the identity of the Searcher or the location that you picked up, or dropped off the Searcher, as this could violate HIPAA. You understand that any violation of the Agreement's confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of jett.ing in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to jett.ing with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by jett.ing or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of jett.ing; becomes known to you, without restriction, from a source other than jett.ing without breach of this Agreement by you and otherwise not in violation of jett.ing's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to jett.ing to enable jett.ing to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with jett.ing

As a Provider on the jett.ing Platform, you acknowledge and agree that you and jett.ing are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and jett.ing expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and jett.ing; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind jett.ing, and you undertake not to hold yourself out as an employee, agent or authorized representative of jett.ing.

jett.ing does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Flight Services, your acts or omissions, or your operation and maintenance of your aircraft. You retain the sole right to determine when, where, and for how long you will utilize the jett.ing Platform. jett.ing does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the jett.ing Platform. You retain the option to accept or to decline or ignore a Searcher's request for Flight Services via the jett.ing Platform, or to cancel an accepted request for Flight Services via the jett.ing Platform, subject to jett.ing's then-current cancellation policies. jett.ing does not, and shall not be deemed to, require you to accept any specific request for Flight Services as a condition of maintaining access to the platform. With the exception of any signage required by law or permit/license rules or requirements, jett.ing shall have no right to require you to: (a) display jett.ing's names, logos or colors on your aircraft or facilities; or (b) wear a uniform or any other clothing displaying jett.ing's names, logos or colors. You acknowledge and agree that you have complete discretion to provide Flight Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Flight Services to other companies, and that jett.ing does not, and shall not be deemed to, restrict you from engaging in any such activity.

Third-Party Services

In addition to connecting Searchers with Providers, the jett.ing Platform may enable Users to provide services or receive services from other third parties. For example, Users may be able to use the jett.ing Platform to plan and reserve flights on public transportation, rent vehicles, or other similar personal transportation devices provided by a third party, or obtain financial, insurance, or other services provided by third parties (collectively, the "Third-Party Services"). This Agreement between you and jett.ing governs your use of the jett.ing Platform in connection with the Third-Party Services.

In addition, you understand that the Third-Party Services may also be subject to terms and pricing of the third-party provider (collectively, the "Third-Party Terms") which will govern your relationship with such third-party provider, as applicable. You agree that jett.ing is not responsible and may not be held liable for the Third-Party Services or the actions or omissions of the third-party provider. Such Third-Party Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by jett.ing, and jett.ing is not responsible for any Third-Party Services accessed through the jett.ing Platform

In the event of a conflict in the terms of any Third-Party Terms and this Agreement, the terms of this Agreement shall control with respect to jett.ing and your agreements with jett.ing herein, and the limitations of liability set forth above shall also apply to the third-party provider. The Dispute Resolution and Arbitration Agreement provisions above shall apply instead of any terms in any Third-Party Terms for all purposes except with respect to claims that are solely against the third-party provider.

General

Except as provided in the Dispute Resolution and Arbitration Agreement section, this Agreement shall be governed by the laws of the State of Oregon without regard to choice of law principles. This choice of law provision is only intended to specify the use of Oregon law to interpret this Agreement and is not intended to create any other substantive right to non-Oregonians to assert claims under Oregon law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by jett.ing, in our sole discretion by providing notice to you. You may not assign this Agreement without jett.ing's prior written approval. Any purported assignment by you in violation of this section shall be void. Except as explicitly stated otherwise, any notices to jett.ing shall be given via the website contact page at https://jett.ing/contact. Any notices to you shall be provided to you through the jett.ing Platform or given to you via the email address or physical address you provide to jett.ing during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words "include", "includes" and "including" are deemed to be followed by the words "without limitation". A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches, any such waiver shall be in writing. This Agreement sets forth the entire understanding and agreement between you and jett.ing with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the jett.ing Platform, jett.ing Services, or Flight Services, please contact us through the website contact page at: https://jett.ing/contact.