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Terms and Conditions

OVERVIEW

​This website is operated by FlyWithAlex LLC. Throughout the site, the terms “we”, “us” and “our” refer to FlyWithAlex LLC. FlyWithAlex LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website or subscribing to either our free or premium email subscription services ("Services"), agree to be bound by the following terms and conditions (“Terms of Use, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site or any services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or the services following the posting of any changes constitutes acceptance of those changes. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Questions about the Terms of Service should be sent to us at helpme@flywithalex.club.

 

SECTION 1 - GENERAL CONDITIONS

​By agreeing to these Terms of Service, you represent that you are at least 18 years of age.

If you purchase any of our Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees and taxes may result in the termination of your subscription.

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

You agree to contact us if there are any billing issues, duplicate charges, etc. before disputing any charges as illegitimate.

The materials and information that are provided via the Services (including but not limited to the website and emails), are provided for only personal, non-commercial use. If you wish to make commercial use of any of the materials or information accessed through the Services, or wish to make materials or information public in any way, you must obtain prior express written consent from FlyWithAlex. Without limiting the generality of the foregoing, the following are types of uses that FlyWithAlex expressly defines as falling outside of “non-commercial use”: the sale or rental of (1) any part of the Services, or material or information provided via the Services; (2) any derivative works based at least in part on the Services, or material or information provided via the Services; and (3) any collective work that includes any part of the Services, or material or information provided via the Services.

Your account belongs to you and is for your use only. You may not authorize others to view or otherwise access the Services under your account. You may not transfer your account to anyone else. 

 

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

​We are not responsible if information made available on this site or through the Services is not accurate, complete or current. The material on this site and through the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site or provided via the Services is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

​Prices for our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

SECTION 4 - USER CONTENT

You are solely responsible for the content that you post, upload, link to, submit for posting, or otherwise make available to FlyWithAlex ("User Content").

By in any way providing User Content to FlyWithAlex, you hereby grant to FlyWithAlex a non-exclusive, fully paid, worldwide license to use and display such Content on the website and through the Services.

By in any way providing User Content to FlyWithAlex, you hereby represent and warrant that (i) you own all rights in and to your User Content, (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish, or make available for publishing the User Content you provided and to grant the rights granted herein.

SECTION 5 MEMBERSHIPS AND SUBSCRIPTIONS

 

5.1 BECOMING A MEMBER

(a) You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to go to the relevant section of the Products, then submit your email address to us.

(b) In the course of your use of the Products, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the Fly with Alex Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

(c) By placing an Order through the Products, you warrant that:

(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.

 

5.2 SUBSCRIPTIONS

(a) FlyWithAlex account holders may access the Products in two ways:

(i) "Basics" Free Trial: a free-of-charge program, which gives unlimited access to our offers.

(ii) Paid Subscription: a subscription fee-based program, which gives access to all content. You will only have access to the Subscription Program while your subscription is active. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products from the Website, within the Apps, where allowed by the App marketplace partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.

(b) FlyWithAlex offers quarterly, semiannual and annual subscription options. For the purposes of our quarterly, semiannual and annual subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendar days.

(c) Our “Quarterly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that FlyWithAlex is authorized to charge the same credit card as was used for the initial subscription fee or other payment method in the amount of the current monthly subscription fee as of the time of renewal. The quarterly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

(d) Our “Semiannual” and “Annual” subscriptions are paid for by an upfront one-off payment with automatic semiannual or annual renewals respectively. You acknowledge and agree that FlyWithAlex is authorized to charge the Payment Method used for (i) the initial semiannual or annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

5.3 CANCELLATION OF SERVICES

 (a) You may cancel a Quarterly, Semiannual and Annual subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by emailing alexclub@flywithalex.club

(b) You may cancel our Quarterly, Aemiannual and Annual subscription plans within the 30-day money back guarantee offer, which entitles you to cancel your subscription and have the full cost refunded to you up to 30 calendar days from your first date of payment, by emailing alexclub@flywithalex.club. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Quarterly, Aemiannual and Annual subscriptions or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.

(c) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.

(d) We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.

 

SECTION 6 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy. To view our Privacy Policy click here.

SECTION 7 - COPYRIGHT INFORMATION

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe that your copyright has been infringed, please send a DMCA request to: alexclub@flywithalex.club

Proper DMCA notifications should include the following

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please know that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including attorneys’ fees and costs) under Section 512(f) of the DMCA. Consulting with a lawyer is therefore recommended before submitting a DMCA notice.

SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall FlyWithAlex LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 9 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless FlyWithAlex LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 10 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You shall not access or use, or attempt to access or use, the website or Services through any automated means, including, but not limited to, scripts, robots, or web crawlers.

SECTION 12 - ARBITRATION

By using any of our Services or website you agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the city that is closest to our place of residence before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.

The parties agree that (i) no arbitration proceeding hereunder whether a CONSUMER DISPUTE or a BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION ("Class Action Waiver").

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

Notwithstanding the foregoing, if Class Action Waiver is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor FlyWithAlex shall be entitled to arbitrate their dispute.

SECTION 13 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 14 - MISCELLANEOUS

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of conflict or choice of law rules.

You agree that any action at law or in equity arising out of or relating to the Terms that is not subject to the arbitration provision herein will be filed only in the state or federal courts in and for King County, Washington, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

Effective Date

These Terms and Conditions were last updated on September 10th, 2018.