Last Updated On July 8, 2019.

The following terms and conditions, together with any documents they expressly incorporate by references (collectively, these “Terms of Use”), govern your access to and use of the services offered by Coflyt, LLC (“Coflyt”), including the www.coflyt.com website and our mobile applications (collectively, the “Sites”) and anywhere else its services are offered, including any content, materials, functionality and services offered on or through the Sites (collectively, the “Services”). Please read these Terms of Use carefully before using our Services. By using our Services, you accept and agree, by that act alone and without further action on your part, to be bound by and abide by these Terms of Use; our Privacy Policy (found at https://coflyt.com/privacy.php) incorporated herein by reference; and any other applicable Coflyt agreements available on the Site; and applicable law in your use of our Services.

These Terms of Use apply to everyone who uses Coflyt’s Services. Additionally, the Terms of Use govern the relationship between Coflyt and our users during their use of Coflyt’s Services. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Services.

The Services are offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Coflyt.

More on Our Services

Third-Party Sites

The Services may sometimes be located on third-party websites or applications, either as links from an add-on service to, or otherwise in connection with, websites or applications that those third parties control. The Sites may also include content provided by third parties, including advertisements, services, special offers or other events or activities. We are not responsible for any content, functionality, services or materials offered or provided by any third parties. We are providing these links and materials to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Coflyt is not responsible or liable for your use of or access to any third party sites or materials. Whenever you leave the Sites, be aware that your activity outside our Sites will not be governed by our Terms of Use or other agreements.

Paid-Products and Services

Our Services may also include paid products and services. All purchases of products and services through our Sites are governed by additional terms and conditions, which are available on the Sites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Advertising

You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Coflyt may serve advertisements based on the information we collect from you or in relation to your interaction on our Sites. Use and disclosure of your information is further described in the Privacy Policy.

Aircraft Related Information

Our Services are intended to help you organize and manage information, provided by you or other users, related to aircraft. IT IS IMPORTANT TO NOTE THAT OUR SERVICES ARE NOT INTENDED TO PROVIDE AIRCRAFT SAFETY, AIRCRAFT OPERATION, AIRCRAFT MAINTENANCE, LEGAL, OR FINANCIAL ADVICE. Coflyt is not responsible for and does not verify or warrant the accuracy or completeness of the information provided by users and the information published on the Sites may contain errors or omissions. Users of the Sites should contact aircraft owners for information regarding specific aircraft. Without limiting any of the foregoing in this paragraph, you agree not to rely on any information or content published on the Sites for any purpose of any kind. NEITHER COFLYT, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY USER AS TO THE CONDITION OF ANY AIRCRAFT, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION RELATED TO ANY AIRCRAFT PUBLISHED ON THE SITES.

Honesty Requirement

When you create an account or when you submit information through the Sites, you must provide us with accurate, complete and up-to-date information. You are solely responsible for the accuracy and consequences of the information that you submit through the Sites, and you agree to indemnify and hold Coflyt harmless from and against all damages of any and all kinds, including Coflyt’s reasonable attorney’s fees, expenses and costs of legal proceedings and/or arbitration. Coflyt may, but has no obligation, to correct any error or omission on the Sites.

Deal with Us in Good Faith

By creating an account and using our Services, you agree that you are signing up for Coflyt’s Services in good faith, and that you will use our Services only for their intended purposes as aircraft information tools and for no other reasons.

Security

While Coflyt works to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to review or record your personal information. By using certain of our Services, you agree that Coflyt may create a user account for you on our Services. You can learn about our policies for data collected via user accounts in our Privacy Policy. Like all our accounts, you may delete it at any time. By using our Services and providing us with your email address, you agree that we can send you emails about our Services. You can unsubscribe from these emails through the instructions in any of these emails or update your preferences on the website. We have the right to disable any user name, password, whether chosen by you or provided by us, at any time in our discretion for any reason or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Payments Between Users

Coflyt may utilize third-party services to allow for the transfer of payments between users. Coflyt is not a party to any transaction between users. You agree and acknowledge that Coflyt will under no circumstances be responsible or liable for any damages, losses or costs whatsoever suffered or incurred by you resulting from the use of any third-party services that facilitate the processing of payments.

Third Party Fees

Your use of the Services may incur third party fees, such as fees charged by your carrier for data usage, and may be subject to third party terms, such as your carrier’s terms of service, and you agree to pay all of those fees and abide by all of those terms. You are solely responsible for all of those fees incurred by you for use of the Services.

Data Privacy Terms

Our Privacy Policy generally governs our collection, use, and disclosure of your personal information. Please read that Privacy Policy carefully before using our Services. It describes what information we collect from you and when, how and why we may create an account for you, who we share your information with and when and how you can opt-out or delete your account. This is important information. BY USING OUR SITE AND OUR SERVICES, YOU CONSENT TO OUR PRIVACY POLICY AND ALL ACTIONS WE TAKE WITH RESPECT TO YOUR INFORMATION CONSISTENT WITH OUR PRIVACY POLICY.

Use of Location-based Data

The Services may include certain features or services that rely upon device-based location information, which use GPS and other location identification systems. To provide those features or services, where available, Coflyt may collect, use, transmit, process, and maintain your location data, including, but not limited to, the geographic location of your device and information related to your account and any devices registered thereunder, as further described in the Privacy Policy. You hereby agree and consent to Coflyt’s collection, use, transmission, processing, and maintenance of that location and account data to provide and improve those features or services.

User Content Terms

Your Content Is Your Responsibility

You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (collectively “User Content”) that you post, submit, publish, display or link to through the Site or Services or send to other Coflyt users, including the legality, reliability, accuracy and appropriateness of such User Content.

Coflyt Monitoring and Enforcement of User Content

Coflyt does not approve, control, or endorse your or anyone else’s User Content, and has no obligation to do so nor is Coflyt responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Sites. However, we reserve the right (but assume no obligation) to (1) remove or modify User Content for any reason or no reason, at our sole discretion, including User Content that we believe violates our Terms of Use; (2) disclose your identity or other information about you to any third party who claims that User Content posted by you violates their rights, including their intellectual property rights or their right to privacy; (3) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Sites; and/or (4) terminate or suspend your access to all or part of the Sites or Services for any or no reason, including violation of these Terms of Use.

You Must Be Truthful

You agree to provide accurate, complete, current, and truthful information when you add or edit User Content.

Do Not Post Illegal or Harmful Content

You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights and rights of publicity and privacy), or that is in violation of any federal, state, or local law, rule, or regulation. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful.

Do Not Violate Others’ Rights

You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Sites. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.

You Grant Coflyt a License to Use Your Content

When you provide User Content, you grant Coflyt a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify, sublicense (for any purpose), create derivative works for any purpose (which Coflyt will own) and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for content you provide to us.

User Content is Not Confidential; Your Content May Be Made Public

You understand and agree that any User Content that you post or submit to Coflyt is considered non-confidential and non-proprietary and may be redistributed through the Internet and other media channels, and may be viewed by the general public. In addition, and not in limitation, you understand that Coflyt may share nonspecific statistical data from the Website with third parties. Coflyt also may share specific and nonspecific data with third parties pursuant to state and federal court subpoenas and subpoenas of law enforcement, and subpoenas of state and federal regulatory agencies.

Viruses

You will not send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files, spyware, traps, protecting codes or trap door devices, or other computer programming routines that are designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any of the Services or any data contained therein or that otherwise jeopardizes the security or integrity of the Services or interferes with the Services functioning as intended by Coflyt. Coflyt assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.

Intellectual Property and Licenses

Coflyt Grants You a Limited License to Access and Use Our Sites and Services

Subject to these Terms of Use and any additional agreements you might enter with Coflyt in connection with our Sites or Services, we grant you a limited, non-sublicensable right to access the Sites, use our Services, and print the Materials (defined below) for your personal, non-commercial, and informational use only. This license does not allow you to copy or sell our Services or Materials; scrape or mine our Sites, Services, or Materials; or frame any part of our Sites or Services. We reserve the right, for any or no reason, without notice and in our sole discretion, to terminate your license to use the Sites or Services, and to block or prevent future access to and use of the Sites or Services.

Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of our Sites or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use.

Our Materials Are Protected

The Sites and their entire contents, features and functionality, and all materials in or on the Sites and offered or provided with the Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials”), are proprietary property of Coflyt, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other “hidden text” utilizing “Coflyt” or any other substantially similar name, trademark, trade dress, trade phrases, or product name of Coflyt without our prior express written permission. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our consent. You agree not to reproduce, modify, create derivative works from, decompile, disassemble or reverse engineer any portion of the Sites or Services. You agree not to remove or modify any copyright or other intellectual property notices that appear on the Sites or the Services.

Our Use of Third Parties’ Marks Does Not Imply Endorsement

All other trademarks, registered trademarks, product names, and logos appearing on our Site and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), Coflyt has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to the Sites in a way that constitutes copyright infringement, please provide Coflyt’s copyright agent the following written information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Before sending a notice to Coflyt, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for Coflyt’s Copyright Agent for notice of claims of copyright infringement is provided below. DMCA Agent: Coflyt Legal Department, 419 E. Lampkin St., Ste 100, Starkville, MS 39759 help@coflyt.com

No Warranties Express or Implied

THESE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK.

WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

THE INFORMATION PRESENTED ON OR THROUGH THE SITES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. COFLYT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT OR OTHER CONTENT, INCLUDING ANY RELIANCE PLACED ON SUCH CONTENT BY YOU, YOUR CLIENT OR ANY OTHER VISITOR TO OUR SITES OR BY ANYONE WHO MAY BE INFORMED OF ITS CONTENTS, INCLUDING LINKS TO WEB PAGES, THAT ANY WEBSITE USER OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING OUR SITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE AND COFLYT WILL NOT BE LIABLE FOR DAMAMGES OF ANY KIND FOR THE EFFECTS AND OR CONSEQUENCES OF SUCH USER CONTENT OR OTHER CONTENT FROM ANY SOURCE. IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS OF USE (INCLUDING THE PRIVACY POLICY), OR IF YOU HAVE ANY DISPUTE WITH COFLYT’S SITES OR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES AND SERVICES.

Coflyt is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions and User Content) that may appear in our Sites or Services.

Coflyt is not responsible in any way for the truthfulness or accuracy of any aircraft related information published on our Sites, nor does Coflyt have or accept any obligation to search for issues with any published aircraft. It is the sole responsibility of the user to confirm any and all facts relating to an aircraft prior to the use or operation of such aircraft including, without limitation, defects or maintenance issues.

Indemnification of Coflyt by All Website Users of Any Kind

As a user in any capacity, you agree on behalf of yourself, your clients through you and your firm if an agent, to defend, indemnify, and hold Coflyt harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, attorney’s fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Sites or Services or your use of the Sites and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against Coflyt arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

Limitation of Coflyt’s Liability

IN NO EVENT SHALL COFLYT, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

General Terms

Modification of Coflyt Services

Coflyt reserves the right to modify or discontinue (completely or in part) our Site, Services, or any content appearing therein in our sole discretion without notice. Coflyt will not be liable to you or any third party if we exercise this right.

We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites or the entire Site to users, including registered users and users who have paid for a particular product or service.

Modification of These Terms

We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Site or Services, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site or Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically, and check the version date for changes.

Geographic Restrictions

We provide this Site only for use by persons located in the United States. We make no claims that the Sites or the Services are accessible or appropriate outside of the United States. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Choice of Law and Venue

These Terms of Use are governed by the laws of the State of Florida without regard to its conflict of law provisions. The venue for the arbitration and/or court intervention for preliminary emergency relief or the enforcement of an arbitration ruling or award in state or federal court if needed shall occur in the state or federal court of Escambia County, Florida, though enforcement of an award may occur in other state or federal courts where a party may reside. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Escambia County, Florida for any and all disputes, claims and actions arising from or in connection with the Sites, Services and/or these Terms of Use.

No Waiver

Coflyt’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

No Third-Party Beneficiaries or Rights

These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by these Terms of Use.

Entire Agreement & Severability

These Terms, together with the Privacy Policy and any amendments and additional agreements you might enter with Coflyt in connection with our Site or Services, shall constitute the entire agreement between you and Coflyt concerning the Site or Services, and shall supersede any prior oral agreements and/or representations you had with Coflyt regarding the Site or Services or anything else.

If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use remain in full force and effect.

Limitation of Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Arbitration of Disputes

At Coflyt’s sole discretion, it may require you to submit any controversy or claim arising out of or relating to these Terms of Use or the use of the Sites or Services to final and binding arbitration under the commercial arbitration rules of the American Arbitration Association (“AAA”).