PressCorpsTravel.com Terms of Service

Effective 01 January 2024

READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE WWW.PRESSCORPSTRAVEL.COM (THE “SITE”). USING THE SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS. YOU CANNOT USE THE SITE, REGISTER, MAKE ANY TRAVEL ARRANGEMENTS, OR PARTICIPATE IN TRIPS ORGANIZED BY THE WHITE HOUSE TRAVEL OFFICE (“WHTO”) IF YOU DO NOT AGREE TO THESE TERMS OF USE.

THESE TERMS CONTAIN DISPUTE RESOLUTION AND ARBITRATION PROVISIONS, INCLUDING CLASS ACTION WAIVER (SEE SECTION 19), WHICH AFFECT YOUR RIGHTS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED HEREIN.

Introduction

These Terms of Use (“Terms”) govern your use of the website www.presscorpstravel.com (the “Site”). By accessing the Site, you agree to be bound by these Terms. If you do not agree with any of these Terms, do not use the Site.

These Terms are a legal contract between you (“you”) and Air Partner LLC ("us," "our," "we" or “Air Partner”) and its parents, subsidiaries and affiliates (unless one is specifically excluded) and govern your use of all the text, data, information, software, graphics, photographs and other materials (collectively referred to as “Materials”) that we may make available to you through the Site or through any of our related mobile applications (each an “App” and together with the Site, the “Services”).1

1These Terms do not apply to any other website, mobile application, or digital platform operated Air Partner or any of its subsidiaries or affiliates or to any website, mobile application, or digital platform operated by Wheels Up Partners LLC or any of its subsidiaries or affiliates (collectively, Wheels Up”). For policies, terms and conditions that apply Air Partner, please navigate to www.airpartner.com. For policies, terms and conditions that apply to Wheels Up, please navigate to www.wheelsup.com.

1. ACCEPTANCE OF TERMS

By accessing the Site, you agree to these terms and conditions, including the Privacy Policy that is incorporated into and is a part of these Terms of Use, as well as any additional terms and conditions that may apply to specific sections of the Site or your use of any of the Service.

2. CHANGES TO THESE TERMS

We reserve the right to modify these Terms of Use at any time. We may alter the Materials and/or modify, suspend or discontinue any part or all Services at any time.

We will inform you of any modifications to these Terms by posting them on the Site or any apps, and, if you have an account with PressCorpTravel.com, by describing the modifications to these Terms in an email that we will send to the address associated with your account in our records.

If you object to any modifications, your sole recourse shall be to cease using the Site and any Services. Continued use of our Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications.

These Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site or in an App, or on the sites of any third-party that is connected to the Site. Such expressly designated legal notices or terms that incorporate these Terms also supersede these Terms.

3. GENERAL USE OF OUR SERVICES

The purpose of the Site and Services is for members of the White House Press Corps and other to register to travel on trips that are arranged and managed by the WHTO.

The Services are not intended for any Minor (as that term is defined herein). We do not collect or solicit personal information from any Minor or allow any Minor to register for any account or Services. For the avoidance of doubt, Air Partner will collect personal information though the Site as required to provide the Services, including to meet regulatory obligations.

By using our Services, you agree that you are at least 18 years of age or, if you are under 18 years of age (a “Minor”), that you are using Services with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Services, and you and they agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.

In these Terms we grant you a limited, personal, non-exclusive and non-transferable license to access the Services and display the Materials; the foregoing license is conditioned on your compliance with these Terms. You have no other rights in or to the Site, an App, any Services, or Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, an App, the Services, or any of the Materials in any manner. If you do, then we ask that you keep on the copies all of our copyright and other proprietary notices as they appear.

Unfortunately, if you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

4. CREATING A DIGITAL ACCOUNT

You are required to create an account us to view the Site and use our Services. Your account is unique to you. You are prohibited from sharing your account with anyone. Your employer or other organization for which you travel may have access to your account. You are entirely responsible for the security and confidentiality of your username and password, how your account is used, and your account in general. This includes, to the extent permissible by law, the security and confidentiality of the personal information you add to your account, including credit card information. You are responsible for all information sent to and from your account, including User Submission, which is set forth in more detail below. Air Partner is not liable for your losses caused by unauthorized use of your account. You agree that all information you provide to create an account or otherwise is governed by these Terms, our Privacy Policy(ies), and you consent that we may act with respect to your account as provided by these Terms and our Privacy Policy(ies).

5. REPORTING SUSPICIOUS ACCOUNT ACTIVITY

You agree to notify us immediately if you suspect your account has been compromised or if there has been any unauthorized use of your account. You can do that by sending an email to whpress@airpartner.com.

6. READ OUR PRIVACY POLICY

We respect the information that you provide to us and want to be sure you fully understand exactly how we use that information. So, please review our applicable Privacy Policy (the “PressCorpsTravel.com Privacy Policy”), which explains how we collect and use your information. You can review that at www.presscorpstravel.com.

7. USING THE MOBILE APPLICATIONS

We use Apps to permit users to access and use, via mobile devices, the Site and our Services. To use any of the Apps, you must have a mobile device that is compatible with the App. We do not warrant that any App will be compatible with your mobile device.

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to download and use object code copies of our App(s) for one registered account on mobile devices owned or leased by you, solely for your use. You may not: (i) modify, disassemble, decompile or reverse engineer any App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer an App to any third-party or use an App to provide time sharing or similar services for any third-party; (iii) make any copies of an App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of an App, features that prevent or restrict use or copying of any content accessible through an App, or features that enforce limitations on use of an App; or (v) delete the copyright and other proprietary rights notices on an App.

You acknowledge that we may from time-to-time issue upgraded versions of an App and may automatically electronically upgrade the version of our App(s) that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades.

The foregoing license grant is not a sale of an App or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to our Apps and all copies. Standard carrier data charges may apply to your use of any App.

The following additional terms and conditions apply with respect to any App that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between you and Air Partner only, and not with Apple, Inc. (“Apple”).
  • Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
  • Air Partner and not Apple, is solely responsible for the iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
  • You agree that Air Partner, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and you further agree all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  • You agree that Air Partner, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not the subject of any sanctions programs enforced by the Government of the United States of America, including the Office of Foreign Assets Control.
  • You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  • You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as it relates to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as it relates to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any App that we provide to you designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between you and Air Partner only, and not with Google, Inc. (“Google”).
  • Your use of the Android App must comply with Google’s then-current Play Store terms of service.
  • Google is only a provider of the marketplace where you obtained the Android App. Air Partner, and not Google, is solely responsible for the Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the Android App.

You are responsible for complying with these Terms when you access and use the Services. It is your responsibility to obtain and maintain all equipment and services needed for you to access to and use the Services as well as paying related charges.

8. ELECTRONIC COMMUNICATIONS

By using the Services (or any part thereof), you consent to receiving electronic communications from us or the WHTO (including, if you have opted in, via SMS or text message). These electronic communications may include notices about your travel plans, fees and charges, transactional information and other information concerning or related to Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Standard carrier data charges may apply to your use of text messaging, and you are solely responsible for such charges.

9. LINKS TO THIRD-PARTY SITES

We think links are convenient, and we sometimes provide links to third-party websites, applications, or digital platforms (“Third Party Sites”). If you use these links, you will be using Third Party Sites that are not part of our Services. We are not obligated to review any Third-Party Sites, we do not control any of the Third-Party Sites, and we are not responsible for any of the content, products, or services, made available through any of them. Thus, unless expressly stated, we do not endorse or make any representations about any Third-Party Site, its information, software, products, services, or materials found there or any results that may be obtained from using it. If you decide to access any of the Third-Party Sites, you do so entirely at your own risk and you must follow all of the policies, terms and conditions that apply to them.

10. SUBMISSIONS

Our Services may permit you to upload or submit information, feedback images, data, text, software, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is not confidential, private, or proprietary to the extent permissible by law. Further, we do not guarantee that you will be able to edit or delete any User Submission, ever.

By submitting any User Submission, you promise that:

  • You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  • You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
  • Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
  • Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
  • You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
  • Your User Submission does not incorporate materials from a third-party, or addresses, email addresses, contact information, or phone numbers (other than your own);
  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
  • Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
  • Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the SIte or App(s) through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submission on or through the SIte or App and may remove at any time or refuse any User Submission for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submission, including your personal data of any kind. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

11. FEEDBACK

Any feedback you submit to us regarding any or through any Services (e.g., comments, questions, suggestions – collectively, “Feedback”) through any means of communication whatsoever (e.g., call, fax, email) will not be treated as either confidential or proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

12. UNAUTHORIZED ACTIVITIES

To be clear, we authorize your use of our Services, including the Site and any App, only for individual, authorized use purposes (“Permitted Purposes”). Any other use beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use. This is because as between you and Air Partner, all rights in the Services remains our property.

Unauthorized use of all or any portion of our Services may result in violation of various United States and international copyright or other laws. Unless you have written permission from us stating otherwise, you are not authorized to use a Service or any portion thereof in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

  • For any public or commercial purpose including use of the Materials on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Materials;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • To interfere with or disrupt any of our websites, applications, digital platforms, Services, or servers or networks;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with any Service; or
  • To attempt to gain unauthorized access to any portion of any Service, Air Partner, or any other accounts, computer systems, or networks connected to a Service, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

13. PROPRIETARY RIGHTS

The trademarks, service marks, and logos of Air Partner, and any of our subsidiaries or affiliates that are used and displayed on various parts of our Services and are registered and unregistered trademarks or service marks of Air Partner or our subsidiaries or affiliates, as applicable. Other company, product, and service may be trademarks or service marks owned by others (“Third-Party Trademarks,” and, collectively with our trademarks, the “Trademarks”). Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of any Trademark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of our trademarks inures to our benefit.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on any Service, are our sole property, or the property of our suppliers and licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

14. INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to any Service (or any portion thereof) to any user who uses any Service in violation of any party’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses all or any portion of our Services in violation of someone’s intellectual property or other rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of any Services, please provide written notice to our agent for notice of claims of infringement:

Service Provider:
Air Partner LLC
1100 Lee Wagener Blvd., Suite 328
Ft. Lauderdale FL 33315
whpress@airpartner.com

Designated Agent:
Same as above
legal@wheelsup.com

To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

15. SUBMITTING A DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) COUNTER-NOTIFICATION

We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of any Service who is the subject of repeated DMCA or other infringement notifications.

16. YOUR RELATIONSHIP WITH US; DISPUTES AMONG USERS

We are not a party to any contract between users

You hereby acknowledge and agree that we are NOT a party to any oral or written agreement for services, or any other contract entered into between users of any Service or between users of a Service and any third party. For the avoidance of doubt, this includes the WHTO and the White House Press Correspondents Association.

No agency or partnership

No agency, partnership, joint venture, or employment is created as a result of these Terms or your use of any Service. You do not have any authority whatsoever to bind us in any respect.

Disputes Between and Among Users; or Between Users and the WHTO

Your interactions with individuals and/or organizations on or through any Service, including the WHTO, the White House Correspondents Associatoin, or the performance of any services by such parties and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, individuals or entities with whom you may interact as a result of your use of the Service, such as the WHTO or any travel supplier (airline, hotelier, lodging provider, or provider of ground transportation).

You understand that we do not and cannot make representations as to the suitability of any individual you may decide to interact with on or through any Service and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.

IF THERE IS A DISPUTE BETWEEN USERS OF ANY SERVICE, OR BETWEEN ANY USER OF A SERVICE AND ANY THIRD PARTY, INCLUDING THE WHTO, WHITE HOUSE CORRESPONDENTS ASSOCIATION OR ANY TRAVEL SUPPLIER, YOU ACKNOWLEDGE AND AGREE THAT WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE US, OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, SUBSIDIARIES, AFFILIATES, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (DIRECT AND INDIRECT) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

17. DISCLAIMER OF WARRANTIES

OUR SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THEIR USE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO ANY SERVICE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT ANY SERVICE WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN ANY SERVICE WILL BE CORRECTED.

WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF ANY SERVICE, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH ANY SERVICE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED ENTITIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

18. LIMITATION OF LIABILITY

YOU ARE USING THE SERVICE(S) AT YOUR SOLE RISK. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING THEREFROM, INCLUDING YOUR USING THE SITE OR OUR SERVICES, OR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM ANY SERVICE.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF ANY SERVICE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF.

YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF ANY SERVICE, INCLUDING THE WHTO.

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF ANY SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF ANY SERVICE.

YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF ANY SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON, REGARDLESS OF WHETHER WE FACILITATE SUCH MEETINGS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OF ANY OF OUR SERVICE.

19. LOCAL LAWS; EXPORT CONTROL

We control and operate the Services from our headquarters in the United States of America and any or all of them may not be appropriate or available for use in other locations. If you use a Service, or any portion thereof, outside the United States of America, you are solely responsible for following applicable local laws.

20. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please read this Section 20 very carefully. Your rights are affected.

Please read this section carefully. It provides that all Disputes (as defined below) between you and Air Partner arising out of these Terms (which for clarity includes the Privacy Policy) shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

For purposes of this Section 20, “Air Partner” means Air Partner LLC and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents.

The term “Dispute” means any dispute, claim, or controversy between you and Air Partner regarding, arising out of or relating to any aspect of your relationship with Air Partner, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as Air Partner’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Air Partner an opportunity to resolve the Dispute. You must commence this process by emailing written notification to Air Partner at 1100 Lee Wagener Blvd. Suite 328 Ft. Lauderdale FL 33315, USA. That written notification must include (1) your name, (2) your address, (3) a written description of your claim or basis for your Dispute, and (4) a description of the specific relief you seek. If Air Partner does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration and Right to Opt Out; There is a Deadline

Notwithstanding the above, you or Air Partner may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).

You may opt out only by emailing written notification to Air Partner at whpress@airpartner.com.

Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Air Partner through arbitration. Your decision to opt-out of this arbitration provision will have no adverse effect on your relationship with Air Partner.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Air Partner may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced or maintained or heard as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA and with respect to Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because the Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration

You or Air Partner may initiate arbitration in either the State of New York or the judicial district that includes your billing address. However, if Air Partner initiates the arbitration in the State New York, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.

Payment of Arbitration Fees and Costs

Air Partner will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Air Partner as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Section 20, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Wheels up specifically agree to do so in writing following initiation of the arbitration.

If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.

Neither you, nor any other user of any Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

No Judge or Jury In Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and Wheels up are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Section 20, you and Air Partner might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Section 20 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 19, and the remainder of them will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 19 will be unenforceable, and the Dispute will be decided by a court.

Continuation

This Section 20 shall survive the termination of your service, subscription or agreement with Air Partner, its parents or any of its subsidiaries or affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if Air Partner makes any change to this Section 20 (other than a change to the physical or email address for notices), you may reject any such change and require Air Partner to adhere to the present language in this Section 20 as of the day you entered into these Terms if a Dispute between us arises.

21. GENERAL

We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to any Service without advance notice.

The Federal Arbitration Act, New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms.

Except for Disputes subject to arbitration as described above, any disputes relating to these Terms, or any Service be heard in the courts located in New York County in the State of New York.

If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.

Our failure to enforce any of these Terms is not a waiver of such term.

These Terms, including the Privacy Policy, and the applicable terms of any relevant Ancillary Agreement are the entire agreement between you and Air Partner regarding the subject matter herein and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Air Partner about any Service. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

22. CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at whpress@airpartner.com.