Terms of Service

CW SQUARED, LLC (“we,” “our” or “us” “Flyaways” or “Rent Flyaways”) offers a service that allows you to rent Dyson Airwrap® or other multi stylers (“Devices”). The following Terms of Service (“Terms”) between you (“you” or “your”) and Flyaways describes the terms and conditions on which you may access and use Flyaways located at www.rentflyaways.com and related services, including product rental and sale services (collectively, the “Services”). Please note that your use of the Services constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, please do not use the Services. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 20 ENTITLED “ARBITRATION AGREEMENT” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST CW SQUARED, LLC ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST CW SQUARED, LLC IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

Account and Registration

If you wish to use the Rental Services, you must provide the required information to us. By subscribing to the Services, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are subscribing from the United States and maintain a physical and postal mail address in the United States; (iii) you are entering into the Rental service for personal use, and not for commercial or resale purposes; (iv) you are using your actual identity; (v) you have provided only true, accurate, current and complete information; and (vi) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.

. You shall be responsible for all activity that occurs under your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy.

Program Information

Customers who subscribe to the Services will be able to have the Device(s) (AND ATTACHMENTS) they selected for a weekly rental fee as listed in the product description, excluding any applicable taxes.

We may refuse to ship to any address for any reason including that it is outside of the geographic area that we serve (currently only the continental United States), we may not feasibly be able to ship to your address, or it is to an address that we determine is associated with fraudulent purchases.

Payment and Billing Cycle

To use the Services, you must provide a valid debit, credit or Flyaways gift card (a “Payment Method”). By providing a Payment Method, you authorize us to charge the weekly Rental fee to the Payment Method associated with your account. Transactions by gift card cannot be refunded to a credit card. YOU AUTHORIZE US TO PRE-AUTHORIZE YOUR CARD FOR $500

You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not cancel your account, we may suspend your access to the Services until we have successfully charged a valid Payment Method. You can update your Payment Method anytime by logging into your account. We also may update your Payment Method using information provided by payment services providers, such as a new expiration date or credit card number. Following any update, you authorize us to continue to charge the applicable Payment Method.

Returns

With each Device we send you we will include one return shipping label, which you will use to return the rented device. Costs of returning the Device will be covered by the Company with the provided return packaging and label. Returning via alternative shipping methods will not be covered by the Company.

No Refunds

Payments are nonrefundable and there are no refunds or credits for partially used periods.

Title and Risk of Loss

Title to each Device remains with Flyaways while you are in possession of the Device. For returns from you to us, risk of loss passes to us upon our receipt of your returned Device from a common carrier.

In the unlikely event that you include your personal items in your Flyaways return box, Flyaways bears no responsibility or liability for those personal items returned to our facility by you. In the event that we locate your personal item and arrange for its return to you, Flyaways assumes no liability for any loss, misplacement or damage occurring during transit.

Communications

By renting a device from Flyaways, you consent to receiving e-mails and/or text messages relating to the Services, including marketing e-mails.

You can opt-in to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Flyaways, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Flyways reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Flyaways also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Flyaways, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Flyaways Terms of Use and Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

CANCELLATION Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to our longcode or shortcode to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to our longcode or shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Flyaways and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Flyaways through any other programs you have joined until you separately unsubscribe from those programs.

HELP Text the keyword HELP to our long-code or short-code to return customer care contact information.

CUSTOMER SUCCESS Customer Care If you are experiencing any problems, please visit our Contact Us page, or email [email protected], and submit the form with details about your request for support

CONTACT This message program is a service of Flyaways, located at 5000 S Broad Street, Philadelphia, Pennsylvania 19112.

Dispute Resolution

General. In the interest of resolving disputes between you and Flyaways in the most expedient and cost-effective manner, you and Flyaways agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Flyaways or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Flyaways or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Flyaways ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Flyaways to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

Arbitrator. Any arbitration between you and Flyaways will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Flyaways. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice; Process. If you or Flyaways intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Flyaways address for Notice is: PO Box 12653, Dallas, Texas 75225. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Flyaways will make good faith efforts to resolve the claim directly, but if you and Flyaways do not reach an agreement to do so within 30 days after the Notice is received, you or Flyaways may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Flyaways must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Flyaways will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Flyaways for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Flyaways agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Flyaways made within 14 days of the arbitrator's ruling on the merits.

No Class Actions. YOU AND Flyaways AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Flyaways agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Flyaways makes any future change to this arbitration provision, other than a change to Flyaways address for Notice, you may reject the change by sending us written notice within 30 days of the change to Flyaways address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Flyaways.

Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Accessibility:

We have done our best to display as accurately as possible the colors of the products shown on the Site. However, we cannot guarantee that the Device(s) you receive will be exactly the same as the color you see on your screen.

Correction of Errors and Inaccuracies

The information of the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order).

Use of the Site and Services

All materials, information,and content made available or displayed by us on the Site, and all software, code and proprietary methods and systems used to provide the Services are subject to trademark, Services mark, trade dress, copyright and/or other intellectual property rights or licenses held by Flyaways, one of its affiliates or by third parties who have licensed their materials to Flyaways.

The Site and Services are intended solely for your personal, noncommercial use. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any content or materials is transferred to you as a result of any such activities. Flyaways reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from the Services.

Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Flyaways. Harassment in any manner or form on the Site or related social media platforms, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Flyaways or other licensed employee, host, or representative as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site and Services to solicit others to join or become members of any other commercial online services or organization.

Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit, suspension or immediate termination of your account or your access to the Services, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Flyaways. You acknowledge that Flyaways is not responsible for and does not assume any liability for users’ acts or omissions, including, without limitation, with respect to the aforementioned activities.

Reviews + Photos

By posting images and reviews, you thereby grant us a fully-paid, royalty-free, non-exclusive, perpetual right to use those images and reviews and any excerpt therefrom for commercial purposes in any media, including with limitation on our retail website, social media channels, and other promotional materials. You agree to indemnify, hold harmless, and defend us from and against any and all claims arising from your posted images and reviews. Any reviews, photos, or comments containing inappropriate material will not be approved. This may consist of, but is not limited to:

• Derogatory or discriminatory language, profanity, and/or sexually explicit, abusive, or offensive material

• Infringement upon copyrights or trademarks

• Any negative or disparaging comments about other customers

• Person(s) depicted in photos must be at least 18 years of age or have permission from a parent or legal guardian.

• Inappropriate material will not be approved. This may consist of (but is not limited to):

• Nudity

• Obscene, sexist, or racist material

• Drug use, drug paraphernalia, smoking or tobacco use, excessive drunken behavior, or weaponry of any kind

• Blatant promotions, proselytizing, or campaigning

• Copyrighted images of which the rights are not owned by the submitting party

• Excessively altered or Photoshopped images

• References to any third party products, brands, or intellectual property

DMCA Notice & Take-down Procedure

Without limiting the foregoing, if you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written 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, including the law of fair use; (vi) 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. The Copyright Agent for Flyaways for notice of claims of copyright infringement is DMCA Designated Agent who can be reached as follows:

by e-mail at [email protected] by telephone at (215) 454-5500 by mail at 5000 South Broad Street, Philadelphia, PA 19112.

IMPORTANT! PLEASE NOTE:

YOUR E-MAIL MUST BE WRITTEN IN ENGLISH AND MUST HAVE THE FOLLOWING SUBJECT LINE: “DMCA NOTICE OF INFRINGEMENT”

IF YOUR E-MAIL DOES NOT HAVE THIS SUBJECT LINE AND/OR IS NOT WRITTEN IN ENGLISH, YOUR E-MAIL WILL NOT BE READ BY OUR DMCA DESIGNATED AGENT.

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Flyaways on or through the Site or otherwise disclosed, submitted or offered in connection with your use of this Services (collectively, the “Comments”) shall be and remain Flyaways’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Flyaways of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Flyaways will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Flyaways is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

Disclaimer of Warranties; Limitation of Liability

17.1 The laws of certain jurisdictions do not allow the exclusion or limitation of legal warranties, conditions, representations, liability or certain damages. If these laws apply to you, some or all of the below exclusions or limitations may not apply.

NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in this Section 17 do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in the Services limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between the Services and New Jersey law, New Jersey law will govern.

17.2 Neither Flyaways nor our parents, subsidiaries, affiliates, partners,or licensors make any representations, warranties or conditions of any kind whatsoever, express or implied, in connection with these Terms or the Services, except to the extent such representations, warranties and conditions are not legally excludable. This subsection 17.2 is subject to the provisions of subsection 17.1.

17.3 You agree that, to the fullest extent permitted by applicable law, neither Flyaways nor our parents, subsidiaries, affiliates, partners or licensors will be responsible (whether in contract, tort (excluding negligence) pre-contract or otherwise) for any (a) interruption of business; (b) access delays or access interruptions to the Site or Services; (c) data non-delivery, loss, theft, delivery exception, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party links on the Site or use of the Services; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control. We make no representations, warranties or conditions that defects or errors will be corrected. Nothing in this provision shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. This subsection 17.3 is subject to the provisions of subsection 17.1.

17.4 Further, to the fullest extent permitted by applicable law, neither Flyaways nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any economic losses (such as loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation or any special or indirect losses of any kind related to the Services, regardless of the form of action whether in contract, tort (including negligence) pre-contract or otherwise (other than fraudulent or negligent misrepresentations), even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00). This subsection 17.4 is subject to the provisions of subsection 17.1.

17.5 If you are dissatisfied with the Services for any reason, cancellation of your Rental is your sole remedy. We have no other obligation, liability, or responsibility to you except as expressly required by law. This subsection 17.5 is subject to the provisions of the subsection 11.1.

Term, Termination and Modifications

18.1 These Terms are applicable to you upon your enrollment in the Services. These Terms may be terminated by Flyaways without notice at any time for any reason. The provisions relating to Arbitration, Copyrights, Trademark and Miscellaneous, shall survive any termination.

18.2 We may in our sole discretion change these Terms or any aspect of the Services or cancel the Services at any time without notice to you. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the terms. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or Terms.

Indemnification

You agree to indemnify, defend, and hold harmless Flyaways, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms or any activity related to your Rental (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

ARBITRATION AGREEMENT

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and URBN SR, LLC together with its affiliates (“Flyaways”) agree that any controversy, claim, action, or dispute in any way related to your use of the Site and Services, any rental or purchase from Flyaways, or to any Products rented, sold or distributed by Flyaways (“Dispute”) will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).

Informal Dispute Resolution. Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Flyaways at: Flyaways Legal Department, 5000 South Broad St, Philadelphia, PA 19112, Attn: General Counsel, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Flyaways agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Scope of Arbitration Agreement. To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. Accordingly, you and Flyaways agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below). You and Flyaways expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.

Right to Bring Small Claims in Court. Instead of arbitration, either you or Flyaways may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Flyaways will reimburse those fees in an amount up to $10,000. Flyaways also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Flyaways agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Flyaways hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the Commonwealth of Pennsylvania. The terms of the Arbitration Agreement provisions shall survive after your relationship with Flyaways and/or use of Site and Services ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Third Party Links

In an attempt to provide increased value to our visitors, we may choose various third-party web sites to link on the Site. However, even if the third party is affiliated with Flyaways, Flyaways has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Flyaways. Flyaways has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Flyaways seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).

Entire Agreement; Waiver and Survival These Terms govern our relationship with you as it relates to the Services. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms. This Section 22 is subject to the provisions of Subsection 17.1 of these Terms.

• Selling, trading, bartering, or receiving anything of value in exchange for your Welcome Invites from any party other than Flyaways.
  

Contact Us

For information about the Services, the fastest way to get in touch is to contact us via email [email protected]. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQ on our homepage. If you need to contact us directly, our company details are: Flyaways Registered office: PO Box 12653, Dallas, Texas 75225