Terms of Use

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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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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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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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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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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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.