Terms and Conditions

Jumpjet Terms of Use 2014

Overview:

Welcome to Jumpjet! Jumpjet is a private club whereby Members are provided with access to private jet trips, provided they are current with their membership dues and are at all times in full compliance with all Jumpjet policies, rules, Membership Agreement(s) (defined below), agreements and these Terms of Use, and their authorized guests may travel domestically in the United States of America pursuant to one (1) or more Jumpjet membership levels on private aircraft, subject to the terms and conditions of the applicable Membership Agreement. Be advised that Jumpjet does not own or operate any aircraft. All flights are operated by a participant in a Jumpjet approved network of FAA certified private air carriers. Jumpjet acts as a portal for Members to access these private air carriers. This Website is designed and intended to provide general information about Jumpjet, its partners, vendors, participating air carriers, and aviation generally to Members, their guests, prospective Members and the general public. Please note that membership is limited and not guaranteed. Submission of an application, signed Membership Agreement and/or payment does not constitute membership in Jumpjet. Further, access and/or use of this Website does not constitute membership in Jumpjet.

There are no fees or costs whatsoever with respect to accessing and/or using this Website, however, there are fees and costs with respect to being a Jumpjet Member. A “Member” is defined as a person, company, organization or entity who/that has fully executed a Jumpjet Membership Agreement, paid any and all initiation and/or application fees, received written confirmation of membership from Jumpjet, is current with his/her/its membership dues and whose membership is not suspended or otherwise halted by Jumpjet. The Jumpjet Membership Agreement can be accessed and/or executed electronically via this Website or obtained and manually executed via hardcopy from Jumpjet. The “Membership Agreement” is defined as any of Jumpjet’s various written membership agreements whereby all the terms and conditions of the Member’s membership in Jumpjet are contained. By using this Website you are under no obligation to become a Member.

We are a subscription service that provides our members with access to private jet trips. These trips are provided by and executed by FAA (Federal Aviation Administration) Part 135 certified carriers. Jumpjet does not own, lease, manage or operate any aircraft. Jumpjet does not hire or manage the crew (pilot, co-pilot, flight attendant, mechanics or dispatchers).

These Terms of Use govern your use of our service. As used in these Terms of Use, "Jumpjet service," "our service" or "the service" means the service provided by Jumpjet for traveling in a private jet with other members, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Jumpjet (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Jumpjet ready devices, you may need to visit Jumpjet.com/TermsOfUse to review these hyperlinked terms.

1. Acceptance of Terms of Use

a. These Terms of Use, which include our Privacy Policy (Jumpjet.com/PrivacyPolicy), End User License Agreement (Jumpjet.com/EULA) ("EULA"), About Cookies and Internet Advertising (https://Jumpjet.com/cookies), and, to the extent you use the social features, our Social Terms (Jumpjet.com/SocialTerms), govern your use of the Jumpjet service. By using, visiting, or browsing the Jumpjet service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Jumpjet service.

b. The Jumpjet member service is provided by Jumpjet Holdings, LLC., or one of its affiliated companies. The jet charter company that is providing the service to you (referred to as "Operator" in these Terms of Use) and with whom you are actually flying with, depends on the state and or city from which you sign up for the Jumpjet service. Check back as the service provider may change from time to time.

2. Changes to Terms of Use. Jumpjet may, from time to time, change these Terms of Use, including the Privacy Policy, and Social Terms. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions (including marked changes) of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website (Jumpjet.com/priorterms).

3. Privacy. Personally identifying information is subject to our Privacy Policy (Jumpjet.com/PrivacyPolicy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

4. Communication Preferences. By using the Jumpjet service, you consent to receiving electronic communications from Jumpjet relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Jumpjet service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Jumpjet. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Jumpjet features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the "Email preferences" link on the "Your Account" page of our website (Jumpjet.com/YourAccount) to manage your Jumpjet communications. Please review our Privacy Policy (Jumpjet.com/PrivacyPolicy) for further detail on our marketing communications.

5. Membership, Free Trials, Billing and Cancellation

a. Membership

i. Ongoing Membership. Your Jumpjet membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Jumpjet service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.

ii. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Jumpjet by visiting our website and clicking on the "Your Account" link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

b. Free Trials

i. Your Jumpjet membership may start with a free trial. The free trial period of your membership lasts for one flight only, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. Jumpjet reserves the right, in its absolute discretion, to determine your free trial eligibility.

ii. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

iii. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY JUMPJET WEB PAGE (Jumpjet.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

c. Billing

i. Recurring Billing-Premier. By starting your Jumpjet premier membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Jumpjet service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, taking guests and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

ii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

iii. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Jumpjet membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

v. A refund may be requested within 72 hours of sign up for any membership that allows refunds. After this 72-hour window, membership plans may not be cancelled for any reason. A member may choose to void their contract and forfeit all services. However, as this is a private club they remain obligated to the balance of the payment schedule.

vi. Refunds will only be issued in the case that you paid and did not fly under the following circumstances: The member did not fly because the flight was cancelled due to mechanical, weather, or other incident that caused your flight to be cancelled.

vii. Mechanical related cancellation: The aircraft did not fly and no make-up flight was provided the same day or in same month or a flight credit was not added to your membership with mutual consent of the member, a refund will be provided.

viii. Weather related cancellation: The aircraft did not fly and no make-up flight was provided same day or in same month or a flight credit was not added to your membership with mutual consent of the member, a refund will be provided.

ix. Pilot controlled cancellation: Single incident not including major national events to cause flight cancellation, a refund will be provided.

x. No refunds will be provided if a member cancelled a flight and made no arrangements for a replacement flight.

xi. No refunds will be provided if a member decided not to take any flights in their monthly membership and did not inform Jumpjet to place their membership on hold.

xii. No refunds will be provided if a member cancels a flight.

xiii. Jumpjet at no time will take responsibility or issue a refund for any cancellation caused by a national emergency, terrorist act, mass grounding of aircraft at either state, federal or local level due to a law enforcement, military directed operation, national emergency or natural disaster that causes air traffic control to direct aircraft not to fly or divert.

xiv. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the Jumpjet website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. If you signed up for Jumpjet using your account with a third party as a Payment Method, and wish to cancel your Jumpjet membership at any time, including during your free trial, you will need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Jumpjet service. You may also find billing information about your Jumpjet membership by visiting your account with the applicable third party. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

xv. Cancellation. You may cancel your Jumpjet membership at any time, and you will continue to have access to the Jumpjet service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR FOR UNUSED FLIGHTS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation.

6. Jumpjet Service

a. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Jumpjet membership service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

b. The Jumpjet service, and any content viewed through our service, is for your personal and non-commercial use only. During your Jumpjet membership, we grant you a limited, non-exclusive, non-transferable, license to access the Jumpjet service and fly on private jets through the service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

c. We continually update the Jumpjet service, including the operators and types of aircraft we place you on. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of aircraft, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

d. You agree to use the Jumpjet service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public limitations or other restrictions on use of the service. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Jumpjet service without express written permission from Jumpjet or its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Jumpjet service; use any robot, spider, scraper or other automated means to access the Jumpjet service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Jumpjet service; insert any code or product or manipulate the content of the Jumpjet service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Jumpjet service, including any software viruses or any other computer code, files or programs.

e. The availability of aircraft will change from time to time, and from state to state and country to country where applicable. The quality of the aircraft may vary from state to state, and city to city, and may be affected by a variety of factors, such as your location, the weather, the exact aircraft needed for multiple trips available. Please check with your Member Care Specialist for information on possible aircraft changes and/or the aircraft you will be flying in for your trip. Jumpjet makes no representations or warranties about the quality of your flying experience on your trip. By the Laws of the United States Department of Transportation and the Federal Aviation Administration we are not permitted to have “operational” or “Financial control” over the aircraft we place you on.

f. The Jumpjet membership is developed by, or for, Jumpjet and is designed to enable discount flights in a private jet through Jumpjet. The same type of aircraft may vary by operator and functionalities may also differ between aircraft.

g. BY USING OUR MOBILE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE JUMPJET AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR MOBILE SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Jumpjet mobile service. If your Jumpjet ready device is sold, lost or stolen, please deactivate the Jumpjet ready device. If you fail to log out or deactivate your device, subsequent users may access the Jumpjet service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Your Account" page of our website (Jumpjet.com/YourAccount).

h. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service or have violated Federal, State or local laws with regards to air travel, air transportation, conduct on board an aircraft, transport of cargo.

i. If you reside outside the United States of America but have the right and permission to travel to and through the USA you may use the Jumpjet Membership Service. You must clear an authorized US Customs Entry point and have the documentation allowing you to pass into the USA. At the time of flight a member of the flight crew may ask you to provide documentation other than a photo identification to prove you are authorized to fly on a USA (N) registered aircraft. You will also be processed against the “NO FLY LIST”. If you are found to be in violation of any International, Federal, State or Local law or on the “NO FLY LIST” your membership will be suspended and all monies paid to Jumpjet will be refunded. Once the matter is addressed by you and there is the ability in writing for Jumpjet to confirm your flight status your membership may be, at the discretion of Jumpjet management, reinstated. At no time will Jumpjet or its employees help you or assist you with you being named on any Federal or international watch lists in regards to the ability to fly on a private jet.

7. DELAYS, CANCELLATIONS AND DIVERSIONS

Jumpjet will provide customers at the airport and onboard an affected aircraft with timely and frequent updates regarding known delays, cancellations and diversions and will strive to provide the best available information concerning the duration of delays and to the extent available, the flight's anticipated departure time.

We are not responsible for any special, incidental or consequential damages if we do not meet this commitment.

When cancellations and major delays are experienced, you will be rerouted on our next flight with available seats. If the delay or cancellation was caused by events within our control and we do not get you to your final destination on the expected arrival day, we will provide reasonable overnight accommodations, subject to availability.

In extreme circumstances, it is possible that a flight will cancel while on the ground in the city to which it was diverted. When this happens you will be rerouted on the next flight with available seats, or in some circumstances on another operator or even an airline or some other alternative means of transportation. If we are unable to reroute you, reasonable overnight accommodations will be provided by Jumpjet, subject to availability.

Jumpjet will provide amenities for delayed passengers, necessary to maintain the safety and/or welfare of certain passengers such as customers with disabilities, unaccompanied children, the elderly or others to whom such amenities will be furnished consistent with special needs and/or circumstances.

8. BAGGAGE

General Acceptance of Baggage

Only baggage as defined in the definition section will be accepted for transportation. All baggage is subject to inspection. Checked baggage will be accepted for transportation only on flights on which you are traveling. Jumpjet’s selected operators will not accept baggage whose size, weight, or character makes it unsuitable for transportation on the aircraft as determined by the operator.

No article will be accepted as baggage if it weighs more than 100 pounds or has a total outside dimension (length plus width plus height) of more than 126 inches. Additional restrictions apply to some flights operated on smaller aircraft. For further information, contact Jumpjet.

9. TSA SECURE FLIGHT PROGRAM

The Transportation Security Agency's (TSA) Secure Flight Program requires that Jumpjet and our appointed 135 charter operators collect the following additional information from passengers when making a reservation to fly within, into or out of the United States and reservations for point-to-point international flights operated by U.S. based airlines:

Full Name (required), as it appears on government-issued I.D. approved for use when traveling
Date of Birth (required)
Gender (required)
Redress Number (optional)

Jumpjet or our appointed operators may cancel your reservation if the reservation does not include the required Secure Flight Passenger Data (full name, date of birth and gender) at least 72 hours prior to your scheduled departure. This cancellation policy applies to all Jumpjet members without exception.

10. ACCEPTANCE OF PASSENGERS

An operator selected by Jumpjet to fly a passenger or Jumpjet may refuse to transport you, or may remove you from your flight at any point, for one or several reasons, including but not limited to the following:

Compliance with government requisition of space;

Action necessary or advisable due to weather, or other conditions beyond Jumpjet's control;

Refusal to permit a search of person or property for explosives or for deadly, controlled, or dangerous weapons, articles or substances;

Refusal to produce positive identification upon request;

Your physical or mental condition is such that in Jumpjet's sole opinion, you are rendered or likely to be rendered incapable of comprehending or complying with safety instructions without the assistance of an attendant;

Your conduct is disorderly, abusive or violent, or you appear to be intoxicated or under the influence of drugs;

Attempt to interfere with any member of the flight crew;

Have a communicable disease that has been determined by a federal public health authority to be transmissible to other persons in the normal course of flight;

Refuse to obey instructions from any flight crew member;

Have an offensive odor not caused by a disability or illness;

Are clothed in a manner that would cause discomfort or offense to other passengers;

Are barefoot, or

Engage in any action, voluntary or involuntary, that might jeopardize the safety of the aircraft or any of its occupants.

11. RESPONSIBILITY FOR SCHEDULES AND OPERATIONS

Jumpjet will endeavor to carry you and your baggage with reasonable dispatch, but times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Jumpjet may, without notice, substitute alternate carriers or aircraft and, if necessary, may alter or omit stopping places shown on the itinerary. Schedules are subject to change without notice. Jumpjet is not responsible for or liable for failure to make connections, or to operate any flight according to schedule, or for a change to the schedule of any flight. Under no circumstances shall Jumpjet be liable for any special, incidental or consequential damages arising from the foregoing.

12. FORCE MAJEURE EVENTS

Jumpjet may, in the event of a force majeure event, without notice, cancel, terminate, divert, postpone or delay any flight or the right of carriage or reservation of traffic accommodations without liability except to issue an involuntary refund. The involuntary refund will be made in the original form of payment in accordance with involuntary refund rules for any unused portion of the itinerary. Jumpjet will also reserve the right to determine if any departure or landing should be made without any liability except the aforementioned involuntary refund.

Force Majeure Event Means:

Any condition beyond Jumpjet's control including, but without limitation, meteorological conditions, acts of God, riots, civil commotion, embargoes, wars, hostilities, disturbances or unsettled international conditions - actual threatened or reported. Also, because of any delay, demand, circumstances or requirement due, directly or indirectly to such conditions, or

Any strike, work stoppage, slowdown, lockout or any other labor related dispute involving or affecting Jumpjet's service, or

Any government regulation, demand or requirement, or

Any shortage of labor, fuel or facilities of Jumpjet or others, or

Any fact not reasonably foreseen, anticipated or predicted by Jumpjet.

13. Passwords & Account Access

a. The member who created the Jumpjet account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Jumpjet account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. The Account Owner may designate a family member or assistant to manage their account and make reservations. However, Jumpjet will always hold the Account Owner responsible for mismanagement of the account, incorrect information, wrong reservation dates, or number of passengers in a party and violations of Federal, State and Local Laws. In addition, if the Account Owner wishes to prohibit others from contacting Jumpjet Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

b. In order to provide you with ease of access to your account and to help administer the Jumpjet service, Jumpjet implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Jumpjet service, which includes accessing via Jumpjet-ready mobile devices or website.

c. BY SHARING THE JUMPJET SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

d. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Jumpjet website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Jumpjet reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Jumpjet is not obligated to credit or discount a membership for holds placed on the account by either a representative of Jumpjet or by the automated processes of Jumpjet.

14. Disclaimers of Warranties and Limitations on Liability

a. THE JUMPJET SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE JUMPJET SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. JUMPJET DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE JUMPJET SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. JUMPJET SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF ANY CHARTER AIRCRAFT THAT ARE CERTIFIED UNDER PART 135 FOR HIRE. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL JUMPJET, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

c. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

15. Gifts & Promotions. We may offer Gift Membership Subscriptions for purchase on our websites or through Social Media Channels. Your Payment Method will be charged for any purchased Gift Subscriptions. The purchase and redemption of Gift Subscriptions are subject to the Gift Subscription Terms (Jumpjet.com/GiftTerms). Promotional codes may be redeemed on our website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including a free trial. If you received a promotion code through an offer by a third party, additional restrictions may apply.

16. Intellectual Property

a. Copyright. The Jumpjet service, including all content provided on the Jumpjet service, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.

b. Trademarks and or Service Marks. Jumpjet is a registered trademark of Jumpjet Holdings, LLC. For information on use of Jumpjet trademarks visit (Jumpjet.com/MediaCenter).

c. Patents. Jumpjet may have or will have patents that apply to our service. For information on Jumpjet patents visit (Jumpjet.com/patents).

d. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Jumpjet service, please notify us by completing the Copyright Infringement Claims form (Jumpjet.com/copyrights).

17. Governing Law

a. For all other Jumpjet members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Nevada, U.S.A. without regard to conflict of laws provisions.

b. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

18. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Jumpjet service. These Applications may import data related to your Jumpjet account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Jumpjet is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY JUMPJET AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

19. Use of Information Submitted. Jumpjet is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback", “Testimonials”), including responses to questionnaires or through postings to the Jumpjet service, including the Jumpjet website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Jumpjet service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Jumpjet and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

20. Customer Support. If you need assistance with your account, click on the "Help" link at the top right hand corner of our website at any time. There you will find the answers to many frequently asked questions and information on reaching a live Customer Service representative. To find more information about our service and its features, please visit Jumpjet Help Center (Jumpjet.com/help). In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

21. Arbitration Agreement

a. If you are a Jumpjet member in the United States (including its possessions and territories), you and Jumpjet agree that any dispute, claim or controversy arising out of or relating in any way to the Jumpjet service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Jumpjet are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Jumpjet membership.

b. If you elect to seek arbitration or file a small claim court action, you must first send to Jumpjet, by certified mail, a written Notice of your claim ("Notice"). The Notice to Jumpjet must be addressed to: General Counsel, Jumpjet Holdings, LLC., ("Notice Address"). If Jumpjet initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Jumpjet, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Jumpjet and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Jumpjet may commence an arbitration proceeding or file a claim in small claims court.

c. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.

d. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Jumpjet and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

e. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Jumpjet’s last written settlement offer made before an arbitrator was selected (or if Jumpjet did not make a settlement offer before an arbitrator was selected), then Jumpjet will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

f. YOU AND JUMPJET 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 Jumpjet agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. 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 claim.

22. Corporate Plans in the United States. If you are a Jumpjet corporate member in the United States on a membership plan, the Terms and Conditions also apply to your use of the Jumpjet service.

Any notice, demand or communication to Jumpjet required or permitted to be given under any provision of these Terms of Use shall be deemed to have been sufficiently given for all purposes if sent by registered or certified mail, postage and charges prepaid, or by a recognized overnight delivery service, addressed to Jumpjet’s address, as appropriate.

Please send all notifications to:

Jumpjet Holdings, LLC.

Attn: Website Notifications

Electronic correspondence may be sent to Jumpjet at [email protected].

FAA Disclaimer as approved by the FAA: Jumpjet Holdings, LLC is an agent for its members as required by the U.S. Department of Transportation. Jumpjet uses FAA 135 certified operators to carry out all flights and does not own, lease or operate any aircraft. Jumpjet complies with all State and Federal laws and all members are subject to TSA screening prior to joining the club.

Last updated: September 2014.