TERMS & CONDITIONS
By using one or more of Airspace’s Services (as defined below), you acknowledge and agree to all terms and conditions stated herein.
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These Terms of Use are a binding agreement between you and Airspace Flight, LLC ("Airspace," "We," "Us," and "Our").
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Your use of any and all mobile applications ("Apps"), websites, user accounts, and any Subscription-Based Services, as such term is defined in Annex B hereto, (collectively, the "Services") are subject to the following binding terms and conditions ("Terms of Use"), along with any additional terms specific to the App being used ("Additional Terms," together with the Terms of Use and all annexes, schedules, and/or addendums hereto, the "Agreement"). In the event there is a conflict or inconsistency between these Terms of Use and the Additional Terms, the Additional Terms shall govern as to the extent of such conflict or inconsistency.
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Your use of the Apps through Apple iOS mobile application software is subject to the additional terms in Annex A, which are incorporated herein.
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By your use of the Services, you agree to this Agreement, and you certify that you are 18 years old or older and are able and competent to give Airspace rights as detailed in this Agreement and to comply with this Agreement. The Services are not intended for individuals under the age of 18.
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In the event you are entering into this Agreement on behalf of other person(s) and/or organization(s), you hereby represent, warrant, and affirm that you are authorized to enter into this Agreement on behalf of, and to bind, such other person(s) and/or organization(s). This Agreement shall be binding upon you and such other person(s) and/or organization(s), and any references to "you" herein shall refer to you and such other person(s) and organization(s), as applicable.
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Airspace reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of this Agreement may jeopardize your continued use of the Services.
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NOTE: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER PROVISION IN SECTION 14 THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTES. PLEASE BE SURE THAT YOU UNDERSTAND AND AGREE TO THOSE CONDITIONS BEFORE YOU USE THE SERVICES.
1. Your Privacy: To understand how we collect, use, and safeguard the information you may provide to us via the Services, including personal information, please review our Privacy Notice and any Addenda applicable to the Services.
2. Your Account: If you create an account on or using the Services, you are responsible for maintaining the confidentiality of your account information and password, and for protecting and restricting access to such information. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity. We reserve the right, in our sole discretion and without notice to you, to terminate your account and/or to restrict access to all or part of the Services for any reason, including, without limitation, for extended periods of inactivity.
3. Product Descriptions: We endeavor to be accurate when describing and displaying products and services on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services). Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. The particular technical specifications and settings of your device and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the "Disclaimers" section below, Airspace does not and cannot guarantee the accuracy, reliability, currency, or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
4. Limited License: Subject to this Agreement, you are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, information, functionality, software, data, products, and materials contained, described, referenced, or available on the Services (collectively, "Materials") for your personal use and for your internal business purposes, but not for, or for the benefit of, any third parties (the "Limited License"). Neither title nor intellectual property rights are transferred to you, but remain with Airspace, who, along with its licensors, is the exclusive owner of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to Airspace. In connection with this Limited License, you may download Materials, provided that you do not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein.
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As part of the Limited License, you may include a link to the Airspace website on one or more other websites operated by you, provided such websites link to the home page (Airspaceflight.com) only and you are not linking from any site or service that violates any of the below "Restrictions on Use" or that is or contains Malicious Code (as defined below) and/or content that is disparaging, abusive, harassing, illegal, discriminatory, fraudulent, or violates the intellectual property, privacy, or other rights of Airspace or any person or entity in Airspace’s sole discretion. Linking to other content within the Services is prohibited without Airspace’s prior express written consent. This Limited License expressly prohibits the framing of Airspace content in any way or any other activity that may confuse, misdirect, or misrepresent with respect to sponsorship or affiliation.
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5. Restrictions on Use: You agree that you shall not:
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Copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, rent, lease, lend, otherwise distribute or commercially exploit (except, and solely to the extent expressly permitted under, the Limited License) in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Services or any Materials obtained from or through the Services;
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"Frame" or use the Services or any Materials in any way that might confuse, misdirect, or misrepresent their source or sponsorship or affiliation thereof or therewith;
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Use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Services or any Materials;
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Take any other action that imposes an unreasonable or disproportionately large load on the Services or on Airspace or its service providers;
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Take any action in connection with your use of Services or Materials which violates any applicable local, state, national or international law, rule, regulation, or order of any court in conjunction with your use thereof; or
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Otherwise use the Services for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to Gulfstream or third parties) and the posting or distribution of any "harmful" or "malicious" code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers, or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network, or other technology (collectively, "Malicious Code").
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FINALLY, DO NOT USE THE SERVICES WHILE OPERATING A VEHICLE OF ANY KIND OR WALKING/RUNNING. SUCH USE MAY DISTRACT YOU, MAY CREATE A HAZARD FOR YOU OR OTHERS AND MAY BE ILLEGAL IN YOUR JURISDICTION.
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6. Proprietary Materials: The Services and Materials have been compiled by Airspace from internal and external sources prepared solely for the purpose of providing functionality and/or information about Airspace, its subsidiaries, and its and their products and services to customers and other permitted users. Airspace reserves the right to make changes to the information, data, and materials provided on the Services without notice. All Services and Materials, including, but not limited to, all works of authorship, design, text, images, and data compilations; any improvements or modifications to such Services or Materials; any derivative works based thereon; and the collection, arrangement, and assembly of all such Services and/or Materials, are owned and/or controlled exclusively by Airspace and/or its licensors and are protected by United States and worldwide copyright and other intellectual property laws and treaty provisions.
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The trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Services are the proprietary service marks or trademarks of Airspace, its licensors, or third parties, and are protected in the United States and internationally. No use of any of these marks or identifiers may be made without the prior written authorization of Airspace or its licensors as applicable.
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The Materials, products, technology, or processes used or described in the Services may be the subject of other intellectual property rights reserved by Airspace or other third parties. Except as otherwise expressly provided herein and in the Additional Terms, if any, no ownership or license is granted with respect to any intellectual property rights. You agree not to disclose any information or data contained on the Services to any third party except with the prior, written authorization of Airspace. Without limiting the foregoing, except to the extent subject to the Privacy Notice, all information and data collected from or through the Services are owned by Airspace and protected under applicable law.
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Except as expressly set forth above, nothing in this Agreement shall be deemed to grant to you or any other individual or entity any license or right in or to any copyright, trademark, trade secret, or other proprietary right, whether owned by Airspace, its licensors, or any other person.
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Certain Services may include third-party or open-source software code, and the use of such Services is also subject to the applicable license terms for such code. Consult the Additional Terms for such Services for more information.
7. Monitoring Use of the Services: We expressly reserve the right to monitor any and all use of the Services and Materials, but have absolutely no obligation to do so, nor to continue to do so at any point. We also reserve the right to investigate and take legal action against any illegal and/or unauthorized use of the Services and/or Materials. Our decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any provision of this Agreement or any of our legal rights. Similarly, our failure to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision.
8. Subscription-Based Services: The use of subscription-based Plans is subject to the terms and conditions contained in the Membership Agreement.
9. Disclaimers: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (2) ANY WARRANTY REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS; (3) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE SERVICES OR MATERIALS; (4) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES, MATERIALS, AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (5) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
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IN ADDITION, AIRSPACE CANNOT, AND DOES NOT, REPRESENT, GUARANTEE OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE SERVICES ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND GULFSTREAM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
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AIRSPACE SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO ANY GOODS PROVIDED AND/OR SERVICES PERFORMED BY OR ON BEHALF OF GULFSTREAM BASED ON ANY INCOMPLETE OR INACCURATE DATA FURNISHED BY YOU.
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10. Limitations of Liability: TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AIRSPACE NOR ITS AFFILIATES NOR ANY OF ITS OR THEIR THIRD-PARTY PROVIDERS OR LICENSORS, INCLUDING, WITHOUT LIMITATION, APPLE INC., SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE SERVICES, NOR WILL GULFSTREAM, ITS AFFILIATES, NOR ANY OF ITS OR THEIR THIRD-PARTY PROVIDERS OR LICENSORS, INCLUDING, WITHOUT LIMITATION, APPLE INC., BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.
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TO THE EXTENT PERMITTED BY APPLICABLE LAW, AIRSPACE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, COMBINED WITH THAT OF AIRSPACE’S AFFILIATES AND ITS AND THEIR THIRD-PARTY PROVIDERS AND LICENSORS,WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENTS THAT GAVE RISE TO SUCH LIABILITY; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
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11. Indemnification: To the extent permitted by applicable law, you agree to indemnify and hold Airspace, its affiliates, its and their licensors, and each of the foregoing’s affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, licensors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses (including without limitation reasonable attorneys’ fees, disbursements, and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your use of the Services, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Services; (b) your violation of the Agreement; (c) any Submission (as defined below) you provide; or (d) your violation of any rights of any third party.
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12. Third-Party Websites and Materials: The Services may provide links or references to third-party websites, mobile applications, services, or materials that are not provided by, related to, or maintained by Airspace. Airspace has no responsibility for the content thereof, regardless of whether the link is provided by Airspace or a third party, and Gulfstream shall not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any Terms and Conditions, Terms of Use, and Privacy Policies, Notices, or Statements (and similar documents) associated with such third-party websites, applications, services, or materials before use.
The display of any link shall not and does not constitute or imply endorsement by Airspace or its licensors of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding Airspace.
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13. Communications with Airspace and Submissions: Any communications you send to or using the Services or otherwise to Airspace, including through external email or telephone applications to which the Services link (the "Submissions"), are provided on a non-confidential basis, and, except to the extent set forth in the Privacy Notice and/or any Addenda that apply to the Services, we are under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. Airspace shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods and services.
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The sender of any communications to us shall be responsible for the content and the information contained therein, including their truthfulness and accuracy.
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14. Disputes: This Agreement is governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. We make no representation that Materials provided through the Services are applicable or appropriate for use in all locations. If you use the Services from other locations, you are responsible for compliance with applicable local laws. If you take legal action relating to this Agreement or your interactions with or relationship to Airspace that is not subject to arbitration as provided below, you agree to file such action only in the state and federal courts located in Boca Raton, Florida and waive any objection you may have to the venue or forum.
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You acknowledge and agree that the terms contained in this Agreement are reasonable and necessary and that your actual or threatened breach of this Agreement would give rise to irreparable harm to Airspace for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle us to immediate injunctive and other equitable relief without any requirement to post bond.
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Any controversy or claim between you and us arising out of or relating to this Agreement, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Agreement, will be governed by and construed in accordance with the laws of the State of Florida, excluding its choice of law rules and will be settled by binding arbitration in Boca Raton, Florida the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and administered by the AAA. The Parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to this Agreement. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be (i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench; (ii) an individual with at least five (5) years of experience as an arbitrator; and (iii) on the roster of neutrals of the AAA or similar nationally recognized Alternative Dispute Resolution ("ADR") organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, Airspace and you shall each select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by you and us are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. Notwithstanding this arbitration provision, Airspace may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts by you.
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NEITHER YOU NOR US WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM, OR PROCEEDING BROUGHT TO ENFORCE, DEFEND, OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT.
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15. Excusable Delay: Airspace shall not be liable to you for failure or delay in the performance of any terms and conditions hereof, when such failure or delay is due to causes beyond our reasonable control and without its fault or negligence, such causes including, but without being limited to, labor disputes, power failures, service interruptions, riots, civil unrest, terrorist or criminal actions, government action, and/or the unavailability of certain government-owned facilities or resources which are used by Airspace.
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16. Changes to our Terms of Use: Airspace reserves the right, at any time and without notice, to add to, change, update or modify these Terms of Use or any Additional Terms simply by posting such change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. You should check regularly to see the most recent version of this Agreement.
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17. Regulatory Obligations: The Services are provided in and from the United States and their use shall be governed in accordance with the laws of the United States and the State of Florida, U.S.A. In accessing and using these Services, you agree to abide by all applicable U.S. laws and regulations.
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If you use or access the Services from locations outside of the territorial jurisdiction of the United States, you do so at your own risk, and you are responsible for compliance with any and all applicable United States and foreign government laws and regulations. You will not use or access the Services from jurisdictions where any content or features that are available on or through the Services are illegal. You will not access or use the Services if (i) you are presently located in a country that is subject to U.S. Government sanctions or embargos, or that has been designated by the U.S. Government as a "terrorist supporting" country, and/or (ii) if you or a related party is or later becomes subject to any U.S. Government or foreign country’s list of prohibited, restricted, or sanctioned parties. Notwithstanding the above in this paragraph, certain "informational materials," provided through or accessed via the Services, required by U.S. or international aviation regulations related to aircraft safety of flight and operation may still be accessible.
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The flight manuals and/or other documentation required or approved by the FAA or other applicable foreign aviation authority for an individual aircraft shall be used as the sole authorized document(s) for operation of such aircraft, and the use of the Services or any information contained on the Services does not in any way release the operator of any our aircraft from his/her obligation to strictly comply with such manuals and documentation and all applicable laws and regulations.
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18. Securities: The information and material provided on the Services do not constitute an offer to sell or the solicitation of an offer to buy any securities and must not be relied upon in connection with any investment decision.
19. Amendments and Modifications to the Services: Airspace reserves the right to make changes to the information, data, and Materials provided on the Services at any time without notice. We also reserve the right to modify or discontinue some or all of the Services, or any Materials contained or accessible thereon, at any time without prior notice. Airspace shall in no way be held liable for any consequence that results from our decision to modify or discontinue providing the Services or any content or functionality thereof.
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20. Assignment: You may not assign or otherwise transfer this Agreement or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void.
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21. Miscellaneous: This Agreement sets forth the entire understanding between you and Airspace with respect to the subject matter hereof and supersedes any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Airspace with respect to such subject matter. If any part of this Agreement is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.
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22. Contacting Us: If you have any questions, complaints, or claims regarding the Services or this Agreement, please contact us at:
Airspace Flight, LLC
2385 NW Executive Center Drive, Boca Raton, Florida 33431