Standard Terms and Conditions
1. By subscribing to the applicable program that you selected (“Program Subscription”) with FBO Partners, LLC (“FBO Partners”), you agree to these Standard Terms and Conditions.
2. As part of your Program Subscription, FBO Partners will provide you with only the services, information, and materials specifically outlined in the Program Subscription’s description on FBO Partners’ website. FBO Partners reserves the right to change the scope of the services, information, materials, and benefits of the Program Subscription at any time without prior notice to you. You agree and acknowledge that the services, information, materials, and benefits of the Program Subscription are for your use and benefit only, and that you shall not share such services, information, and materials of the Program Subscription with any third parties. You may Contact FBO Partners for custom services/pricing.
3. The term of your Program Subscription is set forth in the Program Subscription that you selected on FBO Partners’ website (“Initial Term”). Your Program Subscription may not be cancelled during the Initial Term. Following the expiration of the Initial Term, your Program Subscription will automatically renew for successive terms for an amount of time equal to your Initial Term (“Successive Terms”), unless you provide 30 days’ advance written notice to FBO Partners prior to the expiration of your Initial Term or any applicable Successive Term.
4. The price of your Program Subscription is set forth in the Program Subscription that you selected on FBO Partners’ website. That amount will be billed to your credit card or debit card on a monthly basis, in US dollars. Your payment details must be verified before your Program Subscription can be activated unless otherwise permitted by FBO Partners. FBO Partners reserves the right to reject any subscription order at any time. It is your responsibility to ensure that the credit card or debit card details you provide are valid. If payment is not received, your Program Subscription may be suspended or terminated in FBO Partners’ sole discretion without notice to you. FBO Partners reserves the right to change the prices and fees at any time. FBO Partners will provide you with thirty (30) days’ notice if the price of your Program Subscription changes from what was stated at the time of your order.
5. You are prohibited from using the FBO Partners’ website or the content of the Program Subscription: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of FBO Partners or any third parties; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of FBO Partners’ website or any related website, other websites, or the Internet; (g) to collect or track the personal information of others; or (h) to spam, phish, pharm, pretext, spider, crawl, or scrape. FBO Partners reserve the right to terminate your Program Subscription for violating any of these prohibited uses.
6. You expressly agree that your use of, or inability to use, the services, information, and/or materials of the Program Subscription is at your sole risk. The services, information, and/or materials of the Program Subscription and all products and services delivered to you through the Program Subscription are provided “as is,” “with all faults,” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, arising by law or otherwise, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, condition, durability, title, and non-infringement. You agree that it is your responsibility, and not the responsibility of FBO Partners, to ensure your compliance with all applicable federal, state, county, local, foreign or other laws, including but not limited to Aeronautics Regulations of Title 14, Parts 1 to 399 of the United States Code of Federal Regulations, as amended. In no case shall FBO Partners, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services, information, and/or materials of the Program Subscription or any products or services procured using the Program Subscription, or for any other claim related in any way to your use of the Program Subscription or any product/service related thereto, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Program Subscription or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. If some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, any liability to FBO Partners shall be limited to the maximum extent permitted by law.
7. You agree to defend (with counsel of FBO Partners’ choosing), indemnify, and hold harmless FBO Partners and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any and all liabilities, claims, judgments, demands, and expenses (including reasonable legal fees) due to or arising out of your breach of these Standard Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
8. Any provision of these Standard Terms and Conditions that may be determined by competent authority to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
9. You may not assign the Program Subscription or the services, information, materials, and benefits of the Program Subscription unless you receive prior written consent from FBO Partners.
10. Any failure at any time of FBO Partners to enforce any rights it has pursuant to these Standard Terms and Conditions shall not constitute a waiver of such right or prejudice the right of FBO Partners to enforce and/or exercise such rights at any subsequent time.
11. These Standard Terms and Conditions and any policies or operating rules posted by FBO Partners on its website constitute the entire agreement and understanding between FBO Partners and you, and govern your use of the Program Subscription, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and FBO Partners (including, but not limited to, any prior versions of the Standard Terms and Conditions, as applicable).
12. Your obligations and liabilities set forth in these Standard Terms and Conditions shall survive the termination of your Program Subscription for all purposes.
13. These Standard Terms and Conditions shall in all respects be governed by, and construed in accordance with, the laws of the State of Washington, including all matters of construction, validity and performance, without giving effect to its conflict of laws provisions.
14. You and FBO Partner irrevocably and unconditionally: (a) agree that any suit, action or legal proceeding arising out of or relating to this Agreement shall be subject to the jurisdiction and venue of the United States District Court, Western District of Washington, where jurisdictional requirements are met, without regard to conflict of laws provisions, for any claim arising out of this Agreement and, if the jurisdictional requirements are not so met, the parties agree to submit to the jurisdiction and venue of the highest appropriate state court of original jurisdiction in in and for King County, Washington, (b) consent to the jurisdiction and court rules of Washington, (c) waive any objection which they may have to the laying of venue of any such suit, action or proceeding in any of such courts, and (d) agree that service of any court paper may be effected on such party by mail, or in such other manner as may be provided under applicable laws or court rules in Washington.