AVIATION APPS, LLC
END USER LICENSE AGREEMENT
1. Contractual Relationship. This AVIATION APPS, LLC End User License Agreement
(this “Agreement”), if accepted, constitutes a binding legal agreement between AVIATION
APPS, LLC, a Colorado limited liability company, with a principal place of business located at
251 Stone Pointe Trl, Castle Rock, CO 80109, United States (“AAP”) and the individual or
entity agreeing to the terms herein (“you”). This Agreement governs your access to and use of
the “FLY VIRGA” mobile application (the “AAP Application”) and will be effective as of the
date you click the “I Accept” button below, should you choose to do so (the “Effective Date”).
WARNINGS
THE AAP APPLICATION IS INTENDED TO BE A USER GENERATED WEATHER
AND FLIGHT CONDITIONS TRACKING AND DISPLAY APPLICATION FOR USE
BY PILOTS, AND OTHER AVIATION PROFESSIONALS OVER THE AGE OF 18.
YOU ASSUME SOLE RESPONSIBILITY FOR ANY CONTENT, SUCH AS WEATHER
AND FLIGHT CONDITIONS YOU POST OR CONTRIBUTE TO THE AAP
APPLICATION AND YOU ALONE ARE LIABLE FOR THE CONSEQUENCES WHEN
YOU POST CONTENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE AAP
APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND
EFFORT IS WITH YOU. YOU ALSO EXPRESSLY AGREE THAT YOU WILL
NOT KNOWINGLY POST INACCURATE, FALSE OR MISLEADING CONTENT
SUCH AS WEATHER AND FLIGHT CONDITIONS, ON THE AAP APPLICATION.
THIS APPLICATION IS INTENDED TO BE USED ONLY FOR PLANNING AND
SITUATIONAL AWARENESS PURPOSES ONLY. YOU MUST PAY ATTENTION
TO FLIGHT CONDITIONS AND SITUATIONS AND THIS APPLICATION MAY
NOT BE USED WHERE SUCH USE MIGHT INTERFERE WITH THE SAFE
OPERATION OF THE AIRCRAFT OR IS PROHIBITED BY APPLICABLE LAW.
LOCATION, FLIGHT, OR WEATHER DATA CONTRIBUTED BY YOU, OR ANY
USER OF THE AAP APPLICATION MAY BE USED FOR PLANNING AND
SITUATIONAL AWARENESS PURPOSES ONLY AS THIS DATA IS NOT
INTENDED FOR AIRCRAFT NAVIGATION OR TO BE RELIED UPON IN
SITUATIONS WHERE PRECISE LOCATION, FLIGHT, OR WEATHER
INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE, TIME-
DELAYED, OR INCOMPLETE LOCATION, FLIGHT, OR WEATHER DATA MAY
LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL
DAMAGE, OR VIOLATION OF ANY REGULATIONS OF A CIVIL AVIATION
AUTHORITY OR ANY OTHER REGULATORY AUTHORITY.
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Aviation Apps, LLC End User License Agreement
USE OF ANY LOCATION, FLIGHT, OR WEATHER DATA IS AT YOUR SOLE
RISK AND AAP, ITS AGENTS, AND CONTRIBUTORS, MAKE NO WARRANTY
OR REPRESENTATION WITH RESPECT TO THE DATA AND DISCLAIMS ANY
AND ALL LIABILITY THEREFORE, INCLUDING BUT NOT LIMITED TO THE
AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR
TIMELINESS OF THE LOCATION, FLIGHT, OR WEATHER DATA OR ANY
OTHER THIRD PARTY DATA DISPLAYED BY THE AAP APPLICATION.
THE SELECTION, PURCHASE, MAINTENANCE AND USE OF ANY
HARDWARE, SUCH AS A MOBILE PHONE, COMPUTER OR TABLET, AND
THIRD PARTY SOFTWARE ON WHICH THIS APPLICATION IS BEING
INSTALLED AND HARDWARE AND THIRD PARTY SOFTWARE WITH
WHICH THIS APPLICATION MAY BE USED ARE SOLELY YOUR
RESPONSIBILITY AND AAP HEREBY DISCLAIMS ANY AND ALL
RESPONSIBILITY AND LIABILITY RELATED TO SUCH HARDWARE AND
THIRD PARTY SOFTWARE. THIS APPLICATION MAY ALLOW CERTAIN
INFORMATION AVAILABLE FROM THIRD PARTY APPLICATIONS OR
SERVICES TO BE IMPORTED AND DISPLAYED AND AAP HEREBY
DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY RELATED TO
SUCH THIRD PARTY INFORMATION. YOU REPRESENT AND WARRANT
THAT YOU ARE FAMILIAR WITH AND THAT YOU WILL COMPLY WITH
THE SEPARATE TERMS AND CONDITIONS YOU AGREED TO WITH THE
MANUFACTURER OF SUCH HARDWARE AND THIRD PARTY SOFTWARE OR
INFORMATION.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY AS BY
CLICKING “I ACCEPT” BELOW YOU CONFIRM YOU ARE AT LEAST 18 YEARS
OLD, AND YOUR WILLINGNESS TO BE BOUND THIS AGREEMENT.
2. Scope of License. The AAP Application is licensed, not sold, to you. This license
granted to you by AAP for the AAP Application is limited to a nontransferable license to use the
AAP Application on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”)
and/or with Google’s operating system (“Android”) (collectively the aforementioned devices are
referred to herein as “Devices”). The license granted to you under this Agreement does not allow
you to use an AAP Application on any Devices that you do not own or control, except as may
provided in the App Store Terms and Conditions and in the Google Play Terms of Service,
whichever is applicable (collectively the “Usage Rules”). Except as provided in the Usage Rules,
you may not distribute or make the AAP Application available over a network where it could be
used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer,
redistribute, or sublicense the AAP Application. Except as expressly permitted by the Usage
Rules, you may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source
code of, modify, or create derivative works of the AAP Application, any updates, or any part
thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable
law or to the extent as may be permitted by the licensing terms governing use of any open-
sourced components included with the AAP Application). Any attempt to do so is a violation of
the rights of AAP. If you breach this restriction, you may be subject to prosecution and damages.
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Aviation Apps, LLC End User License Agreement
The terms of this Agreement and the license granted hereunder will govern any updates or
upgrades provided by AAP that replace and/or supplement the original AAP Application, unless
such upgrade or update is accompanied by a separate license, in which case the terms of that
separate license will govern. You further agree to grant AAP a royalty-free, paid-in-full world-
wide license to use, display, reproduce, or make derivative works thereof of any content,
materials generated or uploaded by you, including, but not limited to: location data, weather data,
flight data, flight information and the like, with the aid of the AAP Application, that may be
subject to copyrights under the laws of the United States or other competent jurisdictions. This
license is expressly condition on your abiding by the Terms and Conditions and other use and
privacy policies conspicuously provided to you in the Application. Failure to follow the terms set
forth in the Terms and Conditions and other use and privacy policies provided to you will result
in a termination of this license by AAP.
3. Intellectual Property Rights. AAP and its suppliers own all intellectual property rights
in the AAP Application. The structure, organization and code of the AAP Application are the
valuable trade secrets and confidential information of AAP and its suppliers. The AAP
Application is protected by law, including but not limited to the copyright laws of the United
States of America. This Agreement does not grant you any intellectual property rights in the
AAP Application, and all rights not expressly granted in this Agreement are reserved by AAP
and its suppliers. The license of the AAP Application permits you to download, install, and use
the AAP Application, but only in accordance with the terms of this Agreement. Excluding only
data contributed by, or uploaded by you, all of the content featured or displayed in or through the
Application, including without limitation, software, code, text, images, graphics, photographs,
video and audio, and sound and all trademarks, trade names and trade dress included in the
Application are the intellectual property of and owned by AAP or its suppliers. Your use of
AAP’s content is governed by this Agreement and applicable worldwide intellectual property
laws and treaties. You acknowledge that all elements of the Application are proprietary to AAP
or its suppliers and are protected by trade dress, copyright, moral rights, trademark, and other
laws relating to intellectual property rights. You may not modify, copy, reproduce, transmit,
distribute, publish, create derivative works from, display or otherwise transfer or commercially
exploit any of the AAP’s Content, or the Application, in whole or in part.
4. Password and Security; Consent to the Use of Data.
The AAP Application may require you to enter a serial number or username/password to
access (i) the AAP Application, and/or (iii) to register and create an account. In consideration of
the use of the Application and corresponding services, you agree to: (a) provide true, accurate,
current and complete information as prompted by the registration form, and (b) maintain and
promptly update the personal information you provide, if any, to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not current or
incomplete, or AAP has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, AAP has the right to refuse any and all current or future
use of the AAP Application and corresponding services (or any portion thereof). You are
responsible for maintaining the confidentiality and security of your account and password, and
you are fully responsible for all activities that occur under your password or account, and for any
other actions taken in connection with your account or password. You agree to (a) promptly
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Aviation Apps, LLC End User License Agreement
notify AAP of any known or suspected unauthorized use(s) of your password or account, or any
known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your
password or any information stored in, or used in conjunction with, the Application; and (b)
ensure that you exit from your account at the end of each session. AAP will not be liable for any
injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and
(b) or for any acts or omissions by you or someone else using your account and/or password.
You agree that AAP may collect and use technical data and related information, including
but not limited to technical information about your Devices, system and application software,
and peripherals, that is gathered periodically to facilitate the provision of software updates,
product support and other services to you (if any) related to the AAP Application. AAP may use
this information, as long as it is in a form that does not personally identify you, to improve its
products or to provide services or technologies to you. Additionally, AAP may, but is not
required, to store content records from your use of the AAP Application to further the AAP
Application’s features. AAP may or may not provide an option for you access such stored
content by password or other means.
5. Termination and Access. The license is effective until terminated by you or AAP.
Your rights under this Agreement and the license to use the AAP Application will terminate
automatically without notice from AAP if you fail to comply with any term(s) of this Agreement
or Terms and Conditions. Upon termination of the license granted hereunder, you shall cease all
use of the AAP Application, and shall destroy all copies, full or partial, of the AAP Application.
AAP may terminate or temporarily suspend your access to all or any part of the Application,
without notice to you, for conduct that AAP believes is a breach of this Agreement or a violation
of any policies or guidelines posted by AAP, or for other conduct that AAP believes, in its sole
discretion, is harmful to AAP or other users. AAP may discontinue operating the Application or
providing you with access to or use of the Application and terminate this Agreement at any time
for any reason in its sole discretion. In the event of termination, you will no longer be authorized
to access the Application or any digital content uploaded to or stored in conjunction with the
Application. You shall cease use of the Application destroy all copies of the Application and/or
delete or uninstall the Application. AAP is under no obligation to retrieve or provide any digital
content uploaded to or stored in conjunction with the Application to you at any time.
6. External Services and Third-Party Materials. The AAP Application may enable access
to AAP’s and/or third-party services and websites (collectively and individually, “External
Services”). Use of the External Services may require Internet access and use of certain External
Services may also require you to accept additional terms. You understand that by using any of
the External Services, you may encounter content that may be deemed offensive, indecent, or
objectionable, which content may or may not be identified as having explicit language, and that
the results of any search or entering of a particular URL may automatically and unintentionally
generate links or references to objectionable material. Nevertheless, you agree to use the
External Services, and rely on any information provided therewith, at your sole risk and that
neither the AAP nor its agents shall have any liability to you for content that may be found to be
offensive, indecent, or objectionable.
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Aviation Apps, LLC End User License Agreement
Certain External Services may display, include, or make available content, data, information,
applications, or materials from third parties (“Third Party Materials”) or provide links to certain
third party web sites. By using the External Services, you acknowledge and agree that neither
AAP nor its agents is responsible for examining or evaluating the content, accuracy,
completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other
aspect of such Third Party Materials or web sites. Neither AAP nor its agents warrant or endorse
and will not have any liability or responsibility to you or any other person for any third-party
services, Third Party Materials, or web sites, or for any other materials, products, or services of
third parties. Third Party Materials and links to other web sites are provided solely as a
convenience to you.
Financial information displayed by any External Services is for general informational purposes
only and should not be relied upon as investment advice. Location data provided by any External
Services is for basic navigational purposes only and is not intended to be relied upon in situations
where precise location information is needed or where erroneous, inaccurate, time-delayed, or
incomplete location data may lead to death, personal injury, property, or environmental damage.
Neither AAP, nor its agents, nor any of its content providers, guarantees the availability,
accuracy, completeness, reliability, or timeliness of stock information, location data or any other
data displayed by any External Services.
You agree that the External Services may contain proprietary content, information and material
that is owned by AAP and/or its agents or licensors, and is protected by applicable intellectual
property and other laws, including but not limited to copyright, and that you will not use such
proprietary content, information or materials in any way whatsoever except for permitted use of
the External Services. No portion of the External Services may be reproduced in any form or by
any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works
based on the External Services, in any manner, and you shall not exploit the External Services in
any unauthorized way whatsoever, including but not limited to, using the External Services to
transmit any computer viruses, worms, trojan horses or other malware, or by trespass or
burdening network capacity. You further agree not to use the External Services in any manner to
harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other
party, and that neither AAP nor its agents is in any way responsible for any such use by you, nor
for any harassing, threatening, defamatory, offensive, infringing or illegal messages or
transmissions that you may receive as a result of using any of the External Services.
In addition, External Services and Third Party Materials that may be accessed from, displayed
on, or linked to, Devices are not available in all languages or in all countries or regions. AAP
makes no representation that such External Services and Materials are appropriate or available
for use in any particular location. To the extent you choose to use or access such External
Services and Materials, you do so at your own initiative and are responsible for compliance with
any applicable laws, including but not limited to applicable local laws. AAP reserves the right to
change, suspend, remove, or disable access to any External Services at any time without notice.
In no event will AAP be liable for the removal of or disabling of access to any such External
Services. AAP may also impose limits on the use of or access to certain External Services, in any
case and without notice or liability.
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Aviation Apps, LLC End User License Agreement
7. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
USE OF THE AAP APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT
IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
AAP APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE AAP
APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS
AND WITHOUT WARRANTY OF ANY KIND, AND AAP HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE AAP APPLICATION AND
ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF
NONINFRINGEMENT OF THIRD-PARTY RIGHTS. AAP DOES NOT WARRANT
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AAP APPLICATION,
THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED
BY THE AAP APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE
OPERATION OF THE AAP APPLICATION OR SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE AAP APPLICATION OR SERVICES
WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN
BY AAP OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
SHOULD THE AAP APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE
ABOVE EXCLUSION AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW,
IN NO EVENT SHALL AAP BE LIABLE FOR PERSONAL INJURY OR ANY
INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF
DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
AAP APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF AAP HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY OR MAY
NOT APPLY TO YOU. IN NO EVENT SHALL AAP’S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN
CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS
($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. No Exportation or Re-Exportation. You may not use or otherwise export or re-export
the AAP Application except as authorized by United States law and the laws of the jurisdiction
in which the AAP Application was obtained. In particular, but without limitation, the AAP
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Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to
anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S.
Department of Commerce Denied Persons List or Entity List. By using the AAP Application,
you represent and warrant that you are not located in any such country or on any such list. You
also agree that you will not use the AAP Application for any purposes prohibited by United
States law, including, without limitation, the development, design, manufacture, or production of
nuclear, missile, or chemical or biological weapons.
10. Commercial Items. The AAP Application and related documentation are
“Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial
Computer Software” and “Commercial Computer Software Documentation”, as such terms are
used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being licensed to U.S.
Government end users (a) only as Commercial Items and (b) with only those rights as are granted
to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved
under the copyright laws of the United States.
11. Arbitration, Class-Action Waiver, and Jury Waiver. PLEASE READ THE
FOLLOWING SUBSECTIONS CAREFULLY BECAUSE THEY REQUIRE YOU AND AAP
TO AGREE TO RESOLVE ALL DISPUTES BETWEEN THEM THROUGH BINDING
INDIVIDUAL ARBITRATION.
11.1. Applicability of Arbitration Agreement. You and AAP agree that all claims
and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes,
arising out of or relating to these Terms or the use of the Services that cannot be resolved in
small claims court will be resolved by binding arbitration on an individual basis, except that you
and AAP are not required to arbitrate any dispute in which either party seeks equitable relief for
the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
The phrase “all claims and disputes” also includes claims and disputes that arose between you
and AAP before the Effective Date of this Agreement.
11.2. Arbitration Rules. The Federal Arbitration Act governs the interpretation
and enforcement of this dispute-resolution provision. Arbitration will be initiated through the
American Arbitration Association (“AAA”) and will be governed by the AAA Consumer
Arbitration Rules. If the AAA is not available to arbitrate, the parties will select an alternative
arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to
the extent those rules conflict with these Terms. The arbitration will be conducted by a single
neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000
USD may be resolved through binding non-appearance-based arbitration, at the option of the
party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or
more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on
the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If
non-appearance arbitration is elected, the arbitration will be conducted by telephone, online,
written submissions, or any combination of the three; the specific manner will be chosen by the
party initiating the arbitration. The arbitration will not involve any personal appearance by the
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parties or witnesses unless the parties mutually agree otherwise.
11.3. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the
arbitrator and the rights and liabilities, if any, of you and AAP. The dispute will not be
consolidated with any other matters or joined with any other cases or parties. The arbitrator will
have the authority to grant motions dispositive of all or part of any claim or dispute. The
arbitrator will have the authority to award monetary damages and to grant any non-monetary
remedy or relief available to an individual under law, the arbitral forum’s rules, and this
Agreement. The arbitrator will issue a written award and statement of decision describing the
essential findings and conclusions on which the award is based, including the calculation of any
damages awarded. The arbitrator has the same authority to award relief on an individual basis
that a judge in a court of law would have. The award of the arbitrator is final and binding upon
you and AAP.
11.4. Waiver of Jury Trial. YOU AND AAP WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A
TRIAL IN FRONT OF A JUDGE OR A JURY. You and AAP are instead electing to have
claims and disputes resolved by arbitration. Arbitration procedures are typically more limited,
more efficient, and less costly than rules applicable in court and are subject to very limited
review by a court. In any litigation between you and AAP over whether to vacate or enforce an
arbitration award, YOU AND AAP WAIVE ALL RIGHTS TO A JURY TRIAL and elect
instead to have the dispute be resolved by a judge.
11.5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES
WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED
OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS
OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR
LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER
OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or
unenforceable, neither you nor we are entitled to arbitration; instead, all claims and disputes will
be resolved in a court as set forth in Section 12.
11.6. Right to Waive. Any rights and limitations set forth in this arbitration
agreement may be waived by the party against whom the claim is asserted. Such waiver will not
waive or affect any other portion of this arbitration agreement.
11.7. Opt-out. You may opt out of this arbitration agreement. If you do so, neither
you nor AAP can force the other to arbitrate. To opt out, you must notify AAP in writing no later
than 30 days after first becoming subject to this arbitration agreement. Your notice must include
your name and address, your AAP Application username, and the email address you used to set
up your AAP account (if applicable), and an unequivocal statement that you want to opt out of
this arbitration agreement. You must email your opt-out notice to this address: arbitration-opt-
out@flyvirga.com.
11.8. Small Claims Court. Notwithstanding the foregoing, either you or AAP
may bring an individual action in small claims court.
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11.9. Arbitration Agreement Survival. This arbitration agreement will survive the
termination of your relationship with AAP.
12. Exclusive Venue. To the extent that this Agreement allows you or AAP to initiate
litigation in a court, both you and AAP agree that all claims and disputes (whether contract, tort,
or otherwise), including statutory claims and disputes, arising out of or relating to this
Agreement or the use of the AAP Application will be litigated exclusively in Colorado state or
federal Courts. You and AAP consent to the personal jurisdiction of this court.
13. Choice of Law. Except to the extent they are preempted by U.S. federal law, the laws
of Delaware, other than its conflict-of-laws principles, govern this Agreement and any claims
and disputes (whether contract, tort, or otherwise) arising out of or relating to this Agreement or
its subject matter.
14. Acknowledgement as to Select Third Parties. You and AAP acknowledge the two of
you are the only parties to this Agreement, and that this Agreement does not also constitute any
agreement with Apple or Google, regardless of whether the AAP Application is available
through the Apple App Store or Google Play, and you confirm your understanding of the
corresponding terms and conditions for whichever service is applicable here. You and AAP
further acknowledge the following for both Apple and Google: (a) that neither Apple nor Google
have any obligation to furnish any maintenance or other support services with respect to the AAP
Application; (b) that any potential claims you have resulting from your use of the AAP
Application will be directed to AAP, not to Apple or Google, including, but not limited to,
product liability claims, any claim that the AAP Application fails to conform to any applicable
legal or regulatory requirement, and claims arising under consumer protection, privacy, or
similar legislation, including in connection with the AAP Application’s use of HealthKit and
HomeKit frameworks (if applicable); (c) that AAP, not Apple or Google, will be solely
responsible for the investigation, defense, settlement, and discharge of any third party intellectual
property infringement claims regarding the AAP Application; and (d) that Apple and Google are
third party beneficiaries of this Agreement, and that upon your acceptance of the terms and
conditions of this agreement, Apple and Google will both have the right (and will be deemed to
have accepted the right) to enforce this Agreement against you, as third party beneficiaries of this
Agreement.
15. Miscellaneous Terms.
15.1. Assignment. You may not assign any part of this Agreement without the prior
written consent of AAP. Any attempt by you to assign this Agreement is void. AAP may assign
this Agreement.
15.2. No Waiver. Failure to enforce any provision of this Agreement will not
constitute a waiver.
15.3. Severability. If any provision of this Agreement is found unenforceable, the
balance of the Agreement will remain in full force and effect.
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Aviation Apps, LLC End User License Agreement
15.4. Entire Agreement. This Agreement is the entire agreement between you and
AAP relating to the license of the AAP Application, and it supersedes any prior or
contemporaneous agreements on that subject.
16. AAP Contact Information. If you have any questions, complaints, or claims, you
shall direct them to AAP by email to contact@flyvirga.com
17. Modification. AAP reserves the right to change the terms of this Agreement at any
time. Updated versions of this Agreement will be provided within a timely fashion. Continued
use of any updated version of the AAP Application after any such changes constitutes your
agreement to be bound by such changes.
18. Assistance. If you elect to provide or make available to AAP any suggestions,
comments, ideas, improvements or other feedback or materials related to the Application
(collectively “Suggestions”), AAP is free to use, disclose, reproduce, modify, license, transfer
and otherwise utilize your Suggestions in any manner. You will be entitled to no compensation
or credit for, nor gain any right, title, or interest in or to any product that AAP incorporates or
otherwise is based upon your Suggestion, including without limitation any updates to the
Application.
19. Neither AAP, any user, nor any other party involved in creating, producing, or
delivering the AAP Application shall be liable with respect to any damages, injuries,
nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts
of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade
dispute, pandemic, epidemic, or government order restraining economic activity or travel, or any
other cause beyond its respective control.
19. YOUR ACCEPTANCE. BY CLICKING “I ACCEPT” YOU ARE ASSERTING
THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE
BOUND BY ITS TERMS. IF YOU REVIEW AND ACCEPT THIS AGREEMENT ON
BEHALF OF ANOTHER INDIVIDUAL OR ENTITY, BY DOING SO YOU ALSO
REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND
SUCH OTHER INDIVIDUAL OR ENTITY TO THE TERMS OF THIS AGREEMENT. YOU
ACKNOWLEDGE THAT THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE
OF THE AAP APPLICATION. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS
AGREEMENT YOU MUST CLICK “I DO NOT ACCEPT,” AND YOU WILL THEN NOT
HAVE A LICENSE OR ANY OTHER RIGHT TO USE THE AAP APPLICATION.
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