Last Updated: June 22, 2015
These Terms provide that all disputes between you and one-G will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 11 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with one-G.
Your Account. You must create an account to use the Service. By using the Service, you are representing that you are at least 18 years old. You agree that the information you provide in the account registration process is accurate, honest, and up-to-date at all times. Please make sure that your password and account information is confidential. You are responsible for your account, so please do not let others access or use it. Let us know, at firstname.lastname@example.org if you suspect someone else is using your account.
Your Responsibilities. In using the Service, you agree to:
Use the Service in accordance with these Terms and any operation documentation one-G makes available to you;
Abide by United States Transportation Security Administration (TSA) and Federal Aviation Administration (FAA) requirements governing the use of an advanced aviation training device; and
allow one-G to remotely support and monitor the Flight Simulator.
Prohibited Conduct. In using the Service, YOU AGREE NOT TO:
Use the Service in a way that violates local, state, national, or international law;
Use any portion of the Service for any use other than flight training;
Circumvent any security feature of the Service;
Open any access panels, modify hardware or software, or attempt to repair or replace any hardware or software without first receiving written authorization from one-G to do so;
Remove or tamper with the Flight Simulator’s battery back-up system;
Interfere with the operation or any other user’s enjoyment of the Service, including by: (1) disabling or circumventing features that prevent or limit use or copying of any content; (2) reverse engineering or otherwise attempting to discover source code of the Service (except where expressly allowed by law); (3) uploading or disseminating any virus, adware, spyware, worm, or other malicious code; (4) attempting to collect personal information about another user or third party without their consent; or (5) interfere with or disrupt any network, equipment, or server connected to or used to provide the Service; or
Falsify your affiliation or other user account information, or access another user’s account without their permission.
Termination of Use, Discontinuation, and Modifications of the Service.
Termination. You may terminate your account at any time by contacting one-G customer service at support@ flyone-g.com. If you violate any part of these Terms, your permission to use the Service will automatically terminate. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred before you terminated your account. one-G may terminate or suspend your account on the Service at any time, with or without notice.
Discontinuation and Modification. one-G may modify or discontinue the Service at any time, without notice to you. one-G is not liable for anything resulting from a decision to modify or discontinue the Service or features of the Service.
Changes to the Terms. one-G may change these Terms on a going-forward basis at any time. Changes will apply starting from the time the new version of the Terms is posted. Please check these Terms periodically for changes. one-G will notify you of material changes.
Ownership. one-G owns the Service, and retains ownership of the Flight Simulator when it is onsite at a third party location like a flight school. One-G trademarks, logos, promotional materials, hardware, graphics, design, compilations, interfaces, information, computer code, products, software services, and other elements of the Service (“Materials”) are protected by intellectual property and other laws. Unless you are authorized to use the Materials as a part of using the Service, you may not use the Materials.
Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify one-G and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "one-G Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. one-G reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Service “As Is”. You agree that the third party flight instruction provider where the Flight Simulator is located, and not one-G, is responsible for your flight training. You agree that one-G is not responsible for the results of your use of the Service, including any nausea, spatial disorientation, or seizures caused by your use of the Flight Simulator. ONE-G PROVIDES THE SERVICE TO YOU “ASIS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ONE-G DOES NOT GUARANTEE ANY SPECIFIC RESULTS OF YOUR USE OF THE SERVICE. ONE-G DOES NOT WARRANT THAT ANY APPROVAL OR ACCEPTANCE BY ANY GOVERNMENTAL OR REGULATORY BODY WILL NOT BE REVOKED. ONE-G EXERCISES NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF ANY AIRCRAFT. ONE-G AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ONE-G DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION YOU OBTAIN FROM THE SERVICE (OR FROM ANY MATERIALS OR CONTENT) WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU TAKE COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SERVICE, AND USE THE SERVICE AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability. IN NO EVENT WILL ANY OF THE ONE-G ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ONE-G ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ONE-G ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT RECEIVED BY ONE-G FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Resolving Disputes and Arbitration.
Generally. In the interest of resolving disputes between you and one-G in the most expedient and cost effective manner, you and one-G agree that every dispute arising in connection with these Terms 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 relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND one-G ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of Section 11.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and one-G will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these 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 one-G.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). one-G's address for Notice is: one-G, LLC, 5113 Russell Ave NW Seattle, Washington 98107. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or one-G may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or one-G must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, one-G will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by one-G in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with these Terms, one-G will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in [county], [state], but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. 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 one-G 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. 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 either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND ONE-G AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and one-G agree otherwise, 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. If one-G makes any future change to this arbitration provision, other than a change to one-G's address for Notice, you may reject the change by sending us written notice within 30 days of the change to one-G's address for Notice, in which case your account with one-G will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If Section 11.6 is found to be unenforceable or if the entirety of this Section 11 is found to be unenforceable, then the entirety of this Section 11 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 12 will govern any action arising out of or related to these Terms.
Governing Law. These Terms are governed by Washington law without regard to conflict of law principles. For any lawsuit brought under these Terms, you agree to Washington courts. one-G operates the Service from its offices in Washington.
Notice to Government End Users. The Service includes software and documentation, developed solely at private expense, that are "Commercial Items," as that term is defined Section 2.101 of the Federal Acquisition Regulations (FAR) (48 C.F.R. §2.101). Accordingly, the Service is licensed to U.S. government end users as one or more Commercial Items subject to the rights specified in these Terms.
Consent to Electronic Communications. By using the Service, you agree to receive any notices, agreements, disclosures, or other communications from one-G electronically.
Contact Information. The Service is offered by one-G, LLC located at 5113 Russell Ave NW Seattle, Washington 98107. You may contact one-G by sending correspondence to that address, or by emailing one-G at email@example.com.