Terms of Service
This Services Agreement (the “Agreement”) is entered into by and between Flight Squad LLC (“Flight Squad”) and the website visitor, registered user, business, entity or other subscriber ("Subscriber") that is ordering or has ordered a subscription to access or use Flight Squad's Services (as defined below) that are made available via Flight Squad's website(s) and mobile app(s) (collectively, "flightsquad.com"), and each website visitor, registered user, employee, contractor, agent or other individual authorized by Subscriber that accesses or makes use of flightsquad.com (each, an “Authorized User”). Subscriber is fully responsible for its Authorized Users, and the terms of this Agreement shall apply to Subscriber and each Authorized User. Subscriber, each Authorized User, and flightsquad.com shall be referred to individually herein as a “Party”, and collectively as the “Parties.”WHEREAS, Flight Squad provides a platform that serves as an on-demand travel service to plan, book, and manage leisure and corporate travel ("Services"); and WHEREAS, Subscriber desires to make use of the Services in furtherance of Subscriber’s business and to make such Services available to Authorized Users; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Agreement, the parties hereby agree as follows:
1. Binding Agreement
By subscribing to Flight Squad’s Services and/or using flightsquad.com (including, without limitation, creating a Flight Squad account), Subscriber and each Authorized User agree to the terms and conditions set forth herein as of the date of commencement of use of, or subscription to, the Services. Subscriber shall be responsible for all Authorized Users’ compliance with the terms hereof.Subscriber and each Authorized User acknowledge and agree that Flight Squad may amend this Agreement (including referenced policies and other documents) at any time by posting changes to this Agreement to flightsquad.com, which revisions shall apply prospectively from the date of such change. Except as otherwise described in this Section 1, any other modification or amendment to this Agreement must be made in writing and signed by a representative of each Party. Authorized User and Subscriber agree that certain offers, services, and features that may be available on flightsquad.com may be subject to additional specific terms and conditions, including terms and conditions provided by third parties. For example, expense management integration and certain offers may only be available upon agreement to third party terms and conditions. In the event of any conflict between this Agreement and any such specific terms and conditions, the specific terms and conditions will control.
2. Responsibility for, and use of, Services
Subscriber and each Authorized User acknowledge and agree that: a) Flight Squad acts only as a booking platform for the airlines, lodging providers, car rental companies, tour operators, ground operators and any other suppliers of travel services, and each of their subcontractors, agents, or personnel (“Suppliers”); b) Flight Squad is not responsible for the acts or omissions of Suppliers, including, without limitation, their failure to provide services, adhere to their own schedules, or honor their contracts; c) Suppliers may impose additional terms and conditions, and certain hotel bookings on flightsquad.com may be offered through or otherwise supported by external suppliers which may be subject to separate terms and conditions; d) Details, amenities, photographs of lodging and other trip details provided come directly from the Suppliers, and Flight Squad is not responsible for any errors or misrepresentations included therein; e) Flight Squad is under no obligation to assist Authorized Users with online check-in for travel but if Flight Squad does provide such assistance, Authorized User is responsible for ensuring compliance with the terms of carriage and any other applicable rules, terms and conditions set forth by the airline with which Authorized User is traveling; f) Subscriber and Authorized Users are solely responsible for reviewing and complying with Suppliers’ restrictions and requirements, including with respect to luggage allowances and restrictions, as well as bag-check and check-in timing requirements; and g) all bookings through flightsquad.com are subject to fare rules and any other terms and conditions presented at the time such booking is made. Flight Squad accepts no responsibility for travelers’ compliance with any restrictions set forth by the Transportation Security Administration, the Federal Aviation Administration, Suppliers, or airlines. Flight Squad disclaims all responsibility for any issues with seat assignments. Subscriber and each Authorized User warrant that it will not utilize flightsquad.com or otherwise direct flightsquad.com to complete any booking that would violate the terms of carriage of any airline or violate the terms, conditions, booking requirements, or other policies of any hotel, airline, travel insurance company, or other travel provider; and it will not use, and will not permit or encourage anyone else to use, flightsquad.com in excess of the services capacity and usage parameters set forth by Flight Squad from time to time.
Flight Squad will make reasonable efforts to keep flightsquad.com operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Flight Squad reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of flightsquad.com, with or without notice, all without liability for any interruption, modification or discontinuation of flightsquad.com or any function or feature thereof.
3. Subscription Terms
When signing up for a subscription to flightsquad.com (a “Subscription”), Subscriber agrees to pay Flight Squad the amount shown on the subscription agreement, sign up/enrollment form and/or Flight Squad invoice (if applicable), paid on an annual basis (unless otherwise set forth on the applicable subscription agreement, sign up/enrollment form and/or Flight Squad invoice) during the term of the Subscription (the “Fees”). Except as specifically identified on the signup/enrollment form and/or Flight Squad invoice, Fees do not include any taxes, levies, foreign transaction fees, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Subscriber is responsible for paying all Taxes associated with its purchases hereunder.Unless otherwise set forth on the applicable subscription agreement, sign up/enrollment form and/or Flight Squad invoice (if applicable), the Subscription term commences on the date set forth on the applicable subscription agreement, sign up/enrollment form and/or Flight Squad invoice (the “Subscription Start Date”) and will continue thereafter in full force and effect for an initial term of twelve (12) months beginning on the first day of the first calendar month on or after the Subscription Start Date (the “Initial Term”). Unless otherwise indicated on the applicable sign up/enrollment form and/or Flight Squad invoice (if applicable), following the Initial Term, the Subscription term will automatically renew for consecutive twelve (12) month periods commencing immediately following the end of the Initial Term (each a “Renewal Term”), and Subscriber will be charged the annual fee at the then-current rates for the Subscription, until Subscriber cancels the Subscription pursuant to the procedures set forth in Section 11. The Initial Term and the Renewal Terms, if any, will be collectively referred to as the “Subscription Term.”
4. Hazards of Travel
FLIGHT SQUAD DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY SELECTED DESTINATION IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES, PERSONAL INJURY, OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY DESTINATION.Subscriber and Authorized User assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination or other entry requirements of destination(s) and connecting points, and all conditions regarding health, safety, security, political stability and labor or civil unrest at such destination(s). More information about U.S. Department of State Travel Advisories can be found at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/
5. Refunds & Cancellations
Subscriber is responsible for all change and cancellation fees associated with any booking made by Authorized Users accounts and/or Subscriber’s accounts through flightsquad.com or otherwise on Subscriber’s account, including any third-party processing fees, which Flight Squad will pass on to Subscriber. Flight Squad may charge agent service fees for certain bookings; agent service fees are non-refundable. Some airlines permit cancellation of, or changes to, reservations, but may charge a change fee. Fees vary by airline, market and specific fare rules, and may be US$150 or more for domestic tickets and US$200 or more for international tickets, in addition to any difference in fares between the original flight and the new flight. In the event that an airline does allow for cancellation, airlines usually deduct US$150 or more for domestic tickets and US$200 or more for international tickets before determining the amount, if any, that can be applied towards future travel. Subscriber is responsible for any such fees. Some hotels permit cancellation of, or changes to, reservations with advance notice, often at least 48 hours before the reservation. Some hotels may charge a fee or not refund any prepaid fees, and in such cases, Subscriber is responsible for such fees. Authorized Users are responsible for reviewing all itineraries for applicable refund, change, and cancellation policies. Without limiting Subscriber's liability hereunder, Flight Squad shall have the right, in its sole discretion, to decline any order or to complete any booking requested by Subscriber or any Authorized User.
Certain areas of flightsquad.com may require registration or may otherwise require the provision of personal information to participate in certain features or access certain content. When subscribing or when an Authorized User creates an account on flightsquad.com, the Subscriber and Authorized User represent and warrant that the information they respectively provide is accurate and complete in all respects. It is the Authorized User’s responsibility to maintain the confidentiality of login credentials, password, and account, including maintaining the physical security of devices used to access flightsquad.com. If Flight Squad permits an Authorized User to login using a device’s fingerprint sensor, such Authorized User shall only enable such a feature if the device is their own personal device. Additionally, Subscriber and each Authorized User are responsible for any and all activities that occur under the Authorized User’s account, including mobile payments, all transactions and other activities undertaken on the Authorized User’s device or stored payment card, whether authorized or unauthorized (including, without limitation, by any Admin User or by any party with whom an Authorized User may have shared their profile). Each Authorized User agrees to notify Flight Squad immediately of any unauthorized use of the Authorized User’s account. Authorized User further agrees that Authorized User will not email, post, or otherwise disseminate any user ID, password, or other information which provides access to flightsquad.com. Flight Squad is not liable for any loss that Authorized User may incur as a result of someone else using Authorized User’s password or account. Creating an account or opting in to receive notifications or offers does not guarantee the receipt of any such messages or the availability of any promotional offer.In accordance with these Terms, an Authorized User may use flightsquad.com to book travel on the Authorized User’s own behalf, on behalf of other Authorized Users associated with the same Subscriber, and on behalf of third party travelers (Authorized Users and third party travelers, collectively, “Travelers”). Authorized Users further understand and agree that any other flightsquad.com users associated with the Authorized User’s Subscriber’s account may have the ability to access and view information relating to Authorized Users’ use of flightsquad.com, including travel booking information. Each Authorized User expressly authorizes any individual designated by the Authorized User through flightsquad.com to complete, update, and modify bookings on behalf of Travelers designated or identified by Authorized User. Authorized Users understand and agree that the details of any reservation (including, without limitation, all booking and travel information and Authorized User's email address) may be shared with the third party expense management provider designated by Subscriber.
7. Admin Users
When subscribing, the Subscriber may designate one or more Authorized Users to serve as an admin user on the Subscriber’s account (such Authorized User, an “Admin User”). Admin Users have the right to designate additional Admin Users at any time. Subscriber shall ensure that its Authorized Users and Travelers understand that Subscriber's Admin Users may complete, update, and modify bookings on their behalf. Subscriber represents and warrants that all bookings made by an Admin User on behalf of Subscriber's personnel or other third party are authorized. Subscriber further warrants that all Admin Users on Subscriber’s account are authorized by Subscriber to act as an administrative user of flightsquad.com on behalf of Subscriber. Subscriber agrees that the administrative privileges and Admin status of any Admin User may be revoked by Flight Squad at any time, with or without cause. Authorized Users expressly authorize any individual designated as an “Admin User” on the Subscriber’s account, to complete, update, and modify bookings on Authorized User’s behalf and on behalf of any third party Travelers associated with Authorized User’s account. Authorized Users understand and agree that Admin Users have unrestricted read and write access to all accounts associated with the Subscriber.
8. Payments for Bookings
When an Authorized User makes a purchase through flightsquad.com using a credit card or ACH bank to bank traction, the Authorized User authorizes Flight Squad to charge the credit card or bank account associated with the Subscriber’s account or the credit card or bank account provided by the Authorized User. Flight Squad reserves the right to suspend Authorized User’s access to flightsquad.com if Flight Squad determines that any credit card or bank account information submitted is not accurate, current, or potentially subject to unauthorized access or use. Flight Squad may use a third-party payment processing company to process and charge credit cards or bank accounts, and by providing payment information, the Authorized User acknowledges that Flight Squad may share such information with the third-party payment processing company for billing purposes. Authorized User are solely responsible for any and all fees charged to any credit card provided, (including, without limitation, those charges initiated by Authorized Users) by the card issuer, bank or financial institution, including, without limitation any credit card membership, overdraft or over-the-credit-limit fees. Some banks and credit card companies impose fees for international transactions. If making a booking from outside of the United States on a U.S. credit card, your bank may convert the payment amount to the local currency and charge a conversion fee. In connection with credit card transactions through flightsquad.com, Flight Squad maintains applicable security requirements of the Payment Card Industry Data Security Standard (PCI DSS).Authorized User and Subscriber may only provide Flight Squad with the email addresses of individuals with whom they have had direct and voluntary two way communications, and with whom they have a personal relationship considering shared interests, experiences, opinions and other relevant factors, or of family members to whom they are related by marriage, a common-law partnership, or parent-child relationship.
9. Additional User Requirements
and incorporated herein by reference, and that such personal information is accurate and correct.Authorized User agrees that Authorized User will not purchase a ticket or tickets containing flight segments that the Traveler will not be using, such as "point-beyond," "hidden-city" or "back-to-back" tickets. Authorized User further agrees that Authorized User will not purchase a round-trip ticket that the Traveler plans to use only for one-way travel. Without limiting Flight Squad’s rights or remedies, in the event an Authorized User breaches this Section 9, Subscriber agrees to indemnify, defend, and hold harmless flightsquad.com from and against any claims, fees, losses, or liabilities arising out of its breach, including but not limited to claims by airlines for the difference between the full fare of the Traveler's actual itinerary and the value of the ticket or tickets purchased for such Traveler. flightsquad.com reserves the right to immediately terminate or suspend a Subscriber and/or an Authorized User account for breach of this Section 9.
10.1 License to flightsquad.com
Flight Squad owns all right, title and license in and to flightsquad.com and grants Subscriber and Authorized Users a limited, revocable, non-exclusive, non-transferable license to download and use flightsquad.com for Subscriber's and Authorized User's own travel use in accordance with this Agreement. Except as expressly permitted by Flight Squad, Subscriber and each Authorized User agree that it will not sublicense, resell, rent, reverse-engineer, modify or otherwise make derivative works of, assign, distribute or otherwise commercially exploit flightsquad.com or any part thereof. All rights not expressly granted hereunder are reserved by Flight Squad. This license shall automatically expire upon termination of this Agreement.
10.2 License to Feedback and Trademarks
Subscriber and each Authorized User grant Flight Squad an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free worldwide license to use and/or incorporate into flightsquad.com or the Services any feedback, suggestions and/or recommendations such Subscriber or Authorizer User provide to Flight Squad. By subscribing to flightsquad.com, Subscriber grants Flight Squad the royalty-free right to publish and otherwise use Subscriber's name and logo in publicity and advertising materials in any and all media without time or territorial restriction. 11. Suspension and Termination
Subscriber may cancel Subscriber’s account at any time, for any reason or no reason, by emailing Flight Squad at firstname.lastname@example.org. Upon cancellation, Flight Squad may elect to grant a limited license to use flightsquad.com solely to access any prior chats and itineraries for a limited time. Any amounts paid or payable as of the date of cancellation shall be non-refundable. All Authorized Users associated with the Subscriber’s account will also be terminated upon Subscriber’s termination. In the event of such cancellation, any unpaid portion of the annual fee for the then-current Subscription Term shall become immediately due, and no refund (in whole or in part) of previously-paid annual subscription fee(s) will be provided. An Authorized User or Subscriber may cancel its Authorized User account at any time, for any reason or no reason, by emailing Flight Squad at email@example.com. Flight Squad may terminate this Agreement and/or suspend or terminate access to flightsquad.com and/or the Services at any time immediately upon notice to Subscriber, with or without cause, including in the event of actual or suspected unauthorized use of flightsquad.com or non-compliance with the Agreement. Upon receipt of notice of such termination, any further use of flightsquad.com is prohibited. Flight Squad may provide notice under this or any other section of this Agreement via an email sent to the email address contained in the Subscriber or Authorized User’s account or otherwise used to make a booking via flightsquad.com, or in any other reasonable manner. Upon such termination, Flight Squad reserves the right to cancel any and all bookings or other transactions made using flightsquad.com, with no liability whatsoever. Solely in the event Flight Squad terminates the Subscription Term without cause, Flight Squad will provide a pro rata refund based on the amount of time remaining in the current twelve (12) month term, to the most recent method of payment used to purchase the Subscription. Upon termination of this Agreement, those provisions which, by their nature would continue beyond expiration, termination, or cancellation, will survive, including Sections 13 (Disclaimer of Warranties), 14 (Indemnification), 15 (Limitation of Liability & Damages), 16 (Choice of Law, Mandatory Arbitration & Venue), and 19 (General).
12. Representations and Warranties
Subscriber and each Authorized User represent and warrant that they: (i) are at least 18 years of age; (ii) have the full legal power and authority to enter into this Agreement; (iii) will comply with all applicable laws, rules, regulations, and industry or self-regulatory guidelines related to its performance of this Agreement; (iv) have obtained all authorizations and/or consents legally required to send or transmit (via email, SMS message, telephone, print mailing, or otherwise) any travel confirmation messages, content, information, or other materials to any individuals, personnel, Travelers or other end-users in relation to the Services; and (v) have obtained all authorizations or consents as legally required to upload to flightsquad.com or otherwise disclose to Flight Squad any information booked through flightsquad.com. Flight Squad represents and warrants that it will undertake to provide the Services in a good and workmanlike manner.
13. Disclaimer of Warranties
Flight Squad endeavors to provide the best service it can. However, except as otherwise expressly provided herein, FLIGHTSQUAD.COM AND THE SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. SUBSCRIBER AND EACH AUTHORIZED USER USE FLIGHTSQUAD.COM AND THE SERVICES AT ITS OWN RISK. FLIGHT SQUAD EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.FLIGHT SQUAD MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH FLIGHTSQUAD.COM. SUBSCRIBER AND EACH AUTHORIZED USER ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. FLIGHT SQUAD DOES NOT WARRANT THAT SUBSCRIBER OR ANY AUTHORIZED USER WILL BE ABLE TO ACCESS OR USE FLIGHTSQUAD.COM AT THE TIMES OR LOCATIONS OF SUBSCRIBER'S CHOOSING; THAT FLIGHTSQUAD.COM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT FLIGHTSQUAD.COM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In addition, to the maximum extent allowed by law, Flight Squad does not warrant, endorse, guarantee or assume responsibility for any product or service offered by a third-party on or through flightsquad.com or any hyperlinked website available through flightsquad.com. Flight Squad does not control third-party websites available through hyperlink, and Flight Squad is not responsible for any content or service available therefrom. Any Suppliers, including but not limited to third-party carriers, hotels, or any other suppliers providing services for Flight Squad are independent contractors and not agents or employees of Flight Squad or its affiliates. Flight Squad and its affiliates are not liable for any acts, errors, omissions, representations, warranties, breaches or negligence of any Supplier or other such third-party or for any personal injury, death, property damage, or any other damages or expenses resulting therefrom. Subscriber and each Authorized User understand and agree that Flight Squad is not responsible or liable for any transaction involving any third-party providers. Use of the Google Maps features on flightsquad.com is subject to Google's Terms of Service.All prices are subject to change at any time, without notice. Flight Squad is not responsible for any price fluctuations. The disclaimers set forth herein are intended to disclaim to the maximum extent allowable by law.
Subscriber and each Authorized User agree to indemnify, hold harmless and defend Flight Squad and its affiliates, subsidiaries, officers, directors, employees, agents and licensors at Subscriber’s expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute-resolution expenses) (collectively "Claims") incurred by Flight Squad arising out of or relating to (a) breach of any term of this Agreement; (b) violation of any agreement with any third-party Supplier; or (c) violation of any law, rule or regulation or the rights of any third-party by Subscriber and/or any Authorized User associated with Subscriber’s account. Flight Squad agrees to indemnify, hold harmless and defend Subscriber against any third party Claims incurred by Subscriber arising out of Flight Squad's gross negligence or willful misconduct.
15. Limitation of Liability & Damages
EXCEPT AS OTHERWISE PROVIDED HEREIN, SUBSCRIBER AND EACH AUTHORIZED USER AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH FLIGHTSQUAD.COM OR THIRD-PARTY PROVIDERS IS TO STOP USING FLIGHTSQUAD.COM. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLIGHT SQUAD, FLIGHT SQUAD’S OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES"), INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS, ARISING OUT OF (I) THE USE OF, OR INABILITY TO USE, FLIGHTSQUAD.COM OR THE SERVICES OR (II) THE ACTIONS OR INACTIONS OF ANY SUPPLIERS OR THIRD-PARTY PROVIDERS, REGARDLESS OF LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND FLIGHT SQUAD'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FLIGHT SQUAD'S RECORDS, PROGRAMS OR SERVICES, WITHOUT REGARD TO WHETHER FLIGHT SQUAD HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO FLIGHTSQUAD.COM OR THIRD-PARTY PROVIDERS OF MORE THAN THE AMOUNTS PAID BY SUBSCRIBER FOR THE SERVICES IN QUESTION, LESS ANY BOOKING FEES INCURRED BY FLIGHT SQUAD IN CONNECTION THEREWITH. ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), SUBJECT TO THE OTHER LIMITATIONS SET FORTH HEREIN.SUBSCRIBER AND AUTHORIZED USER ACKNOWLEDGE AND UNDERSTAND THAT THIS SECTION 15 REMOVES OR LIMITS FLIGHT SQUAD'S LIABILITY FOR NEGLIGENCE WHERE PERMITTED BY LAW.
16. Choice of Law, Mandatory Arbitration & Venue
Any controversy or claim arising out of or relating to this Agreement or Subscriber and/or any Authorized User’s use of flightsquad.com shall be settled by binding arbitration, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Rhode Island law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Authorized User will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within 60 days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES HEREUNDER SHALL BE IN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, THE RIGHT TO A TRIAL BY JURY IS WAIVED AND RIGHTS TO APPEAL ARE LIMITED. BY SUBSCRIBING OR USING FLIGHTSQUAD.COM, SUBSCRIBER AND EACH AUTHORIZED USER AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH FLIGHTSQUAD.COM WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.This Agreement is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms, or the rights and obligations hereunder, in connection with flightsquad.com or the Services, shall be governed by, and construed in accordance with, Rhode Island law, without giving effect to the conflict of laws rules thereof, and any matters or proceedings that are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place exclusively in Rhode Island, U.S.A.
18. Intellectual Property/DMCA
FLIGHT SQUAD and the Flight Squad scope logo are registered trademarks of the Flight Squad LLC in the U.S. and other countries. FLIGHTSQUAD.COM, AGILE TRAVEL MANAGEMENT, TRAVEL GRADER, THE FUTURE OF BUSINESS TRAVEL, HUMAN POWERED TRAVEL APP, SUPER EASY BUSINESS TRAVEL, RAPID BOOK and RAPID REBOOK are also trademarks of Flight Squad LLC in the U.S. and other countries. Content on flightsquad.com that is provided by Flight Squad or Flight Squad’s licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans and the compilation of the foregoing ("flightsquad.com Content") is the property of Flight Squad and Flight Squad’s licensors, and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.Subscriber and each Authorized User agree that they will not download, display or use any flightsquad.com Content for use in any publications, in public performances, or on websites other than flightsquad.com for any other commercial purpose, in connection with products or services that are not Flight Squad’s, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Flight Squad and/or Flight Squad’s licensors, that dilutes the strength of Flight Squad or Flight Squad’s licensors' property or that otherwise infringes Flight Squad or Flight Squad’s licensors intellectual property rights. If you think material hosted by Flight Squad infringes your copyright, please provide Flight Squad the following information: (a) An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located or found on flightsquad.com; (d) your address, telephone number and, if available, an email address; (e) a 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; and (f) a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Your claim should be sent by mail to: Flight Squad LLC, at 22 Mashie Rd Cumberland, RI 02864 ATTN: Copyright Agent; or by email to: firstname.lastname@example.org
19.1 Force Majeure
Flight Squad will not be liable for any delay or failure to perform resulting from causes outside of Flight Squad’s reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
19.2 No Partnership
The Parties are independent contractors, and no joint venture, partnership, employment or agency relationship exists between the Parties as a result of this Agreement or use of flightsquad.com.
Flight Squad may assign this Agreement, in whole or in part, to any person or entity at any time with or without consent. Neither Subscriber nor any Authorized User may assign this Agreement without Flight Squad’s prior written consent, and any unauthorized assignment shall be null and void.
19.4 No Waiver
Flight Squad’s failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect Flight Squad’s right to enforce each and every such provision thereafter. The express waiver by Flight Squad of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
19.5 Equitable Remedies
Subscriber and each Authorized User hereby agree that Flight Squad would be irreparably damaged if this Agreement was not specifically enforced, and therefore agree that Flight Squad shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Flight Squad may otherwise have available under applicable laws.
Should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
19.7 Entire Agreement
, constitutes all the terms and conditions agreed upon between Subscriber, Authorized User and Flight Squad and supersedes any prior agreements in relation to the subject matter of this Agreement, whether written or oral.