USER AGREEMENT

READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. User’s ("User") use of Flight Fishing’s (“Flight”) (individually “Party” collectively “Parties”) web site, mobile applications and/or services (the "Services") is expressly conditioned on User’s acceptance of the terms and conditions of this Agreement (the “Agreement”). By using the Services, User agrees to these terms and conditions of the Agreement. If User does not agree with any part of the terms and conditions of the Agreement, User may not use the Services. Flight may at any time modify this Agreement and User’s continued use of the Services signifies User's agreement the modified terms and conditions in force at the time of User’s use. 



AGE AND RESPONSIBILITY

User represents and warrants that they are of a sufficient legal age to create binding legal obligations for any liability User may incur as a result of the use of the Services. If User uses the Services, User is responsible for maintaining the confidentiality of User’s account information and User’s password. User agrees to accept responsibility for all activities that occur under Users account, password, and/or electronic device. User understands that User is responsible for all uses of the Services by User, User’s agent, and/or those using User’s login information or electronic device. 



OWNERSHIP


The web site(s) and/or mobile applications making a part of the Services, and each of their modules, together with the arrangement and compilation of the content found on such site(s) and applications, are the property of Flight and/or its third party suppliers and content providers ("Third Party Suppliers"). Certain data may be the property of third party information providers. In addition, the trademarks, logos and/or service marks displayed (collectively, the "Trademarks") are registered and common law Trademarks of Flight and/or Third Party Suppliers, and/or other third parties. No license or right to use any of the Trademarks without the written permission of Flight, and/or such the other party that may own the Trademarks, is granted or implied to User. The Services and content, including but not limited to text, graphics, button icons, audio and video clips, digital downloads, data compilations and/or software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Flight, and/or its Third Party Suppliers, and/or other third parties, except that User may download, display and print the materials presented by Flight in the Services for User’s personal, non-commercial use only. User must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and User shall not alter, obscure or obliterate any of such notices. The use of such materials on any other web site, application or in any environment of networked computers is prohibited. Unauthorized use of the Services and/or the materials provided may violate applicable copyright, trademark or other intellectual property laws or other laws. User shall be liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from User’s use of the Services. 



USE OF FLIGHT’S SERVICES


Flight grants User a limited, revocable, non-transferable license to access and make personal use of the Services in accordance with the terms and conditions of this Agreement. User shall only use the Services to view prices and aid in making legitimate reservations on other web sites, in a non-commercial use and shall not use the Services for any other purpose, including without limitation, to making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. For avoidance of doubt, this license does not include any resale or commercial use of the Services or its content or any derivative use of the Services or its content.

Without limiting the foregoing, User shall not:

In its sole discretion, in addition to any other rights or remedies available to Flight and without any liability whatsoever, Flight may at any time and without notice terminate or restrict User’s license and access to the Services. If User has been notified by Flight that User is prohibited from using the Services, then notwithstanding the foregoing User has no license to use the Services and any access by User or on User’s behalf shall be unauthorized and unlawful, and actionable. Flight may, but is not required to, provide notice under this or any section of the Agreement. Flight reserves the right to cancel any and all transactions User has made using the Services after User has been prohibited from using the Services, with no liability whatsoever to User.

SUBMITTED CONTENT; REVIEW OF TRANSMISSIONS

These terms and conditions apply to any journals, recommendations, reviews, opinions, flight deals, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by Flight from User (collectively "Submitted Content"). Flight shall have the right, but not the obligation, to monitor and review Submitted Content and any other information transmitted or received through the Services and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information. During monitoring, the Submitted Content may be examined, recorded or copied, or used, and User’s use of the Services constitutes User’s consent to such monitoring, review, and use for advertising. User agrees that User is responsible for the Submitted Content, and Flight disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, User represents and warrants that: (a) User is the owner of such Submitted Content, or has been granted all the rights necessary from the owner to provide such Submitted Content to Flight and for the use by Flight as stated herein, and (b) the use of such Submitted Content by Flight will not infringe the intellectual property rights of or otherwise violate the rights of any third party. User shall be solely liable for any damages resulting from any infringement of copyright, trademark, and/or other proprietary rights or any other harm resulting from User’s use of the Services. User agrees that if User provides Submitted Content, User grants Flight a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, and/or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to User, and User waives all moral rights with respect thereto. User further grants Flight the right to pursue at law any person or entity that violates User’s or Flight's rights in the Submitted Content by a breach of this Agreement. User shall not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related web-site, application or online service without Flight's prior written consent, which consent may be withheld by Flight in its sole discretion. Consent may be requested by emailing admin@flightfishing.com. User agrees that Flight may choose to provide attribution of Submitted Content provided by User (for example, showing User’s name and hometown on a travel review that User submit) at Flight’s sole discretion, and that such Submitted Content may be shared with Flight's Third Party Suppliers, distribution partners, customers and other third parties.

CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If User believe in good faith that materials hosted by Flight infringes User’s copyright, User (or User’s agent) may send Flight a notice requesting that the material be removed, or access to it blocked. Such notices must include:

Notices and counter-notices with respect to the site should be sent to:

BETTER TOURIST LLC
C/O INCORP SERVICES, INC.
17888 67TH COURT NORTH
LOXAHATCHEE, FL 33470
Attn: Notices

We suggest that you consult a legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

CURRENCY CONVERSION

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated daily. The information supplied by the Services are believed to be accurate, but Flight and/or its Third Party Suppliers do not represent, warrant, or guarantee such accuracy. When using this information for any financial purpose, we advise User to consult a qualified professional to verify the accuracy of the currency rates.

EXCLUSION OF WARRANTIES

NEITHER FLIGHT NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKE ANY WARRANTY OF ANY KIND REGARDING THE SERVICES AND/OR ANY MATERIALS PROVIDED VIA THE SERVICES, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. NEITHER FLIGHT NOR ANY OF ITS THIRD PARTY SUPPLIERS WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA PROVIDED VIA THE SERVICES AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER FLIGHT NOR ANY OF ITS THIRD PARTY SUPPLIERS WARRANTS OR REPRESENTS THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.

THE SERVICES PROVIDE LINKS TO OTHER WEB SITES WHICH IS DONE SOLELY AS A CONVENIENCE TO USER AND NOT AS AN ENDORSEMENT BY FLIGHT OR ITS THIRD PARTY SUPPLIERS OF THE CONTENTS OF SUCH OTHER WEB SITES OR THE GOODS OR SERVICES PROVIDED THEREON. NEITHER FLIGHT NOR ANY THIRD PARTY SUPPLIER SHALL BE RESPONSIBLE FOR THE CONTENT OF ANY OTHER WEB SITES AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY OTHER WEB SITES OR THE CONTENTS OR MATERIALS ON SUCH WEB SITES OR THE GOODS OR SERVICES PROVIDED THEREON. IF USER DECIDES TO ACCESS OTHER WEB SITES, OR TO USE SUCH GOODS OR SERVICES, USER DOES SO AT USER’S OWN RISK.

BY MARKETING TRAVEL TO INTERNATIONAL DESTINATIONS, FLIGHT DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

FLIGHT IS NOT RESPONSIBLE FOR ANY CORRECTIONS TO ANY PRICING ERRORS ON OTHER WEBSITES (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT THIRD PARTY SUPPLIER INFORMATION, AND CURRENCY CONVERSION MISCALCULATIONS) AND/OR TO CHANGE OR CANCEL PENDING RESERVATIONS IN GENERAL AS WELL AS THOSE MADE UNDER AN INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR USER’S CREDIT CARD HAS BEEN CHARGED.

LIMITATION OF LIABILITY

FLIGHT ASSUMES NO RESPONSIBILITY FOR, AND IS NOT BE LIABLE FOR, ANY DAMAGE TO USER’S COMPUTER, EQUIPMENT, OR OTHER PROPERTY ON ACCOUNT OF USER’S ACCESS TO, OR USE OF, THE SERVICES OR USER’S DOWNLOADING OF ANY MATERIALS, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES.

IN NO EVENT SHALL FLIGHT OR ANY OF ITS THIRD PARTY SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS, CONSEQUENTIAL DAMAGES AND INCIDENTIAL DAMAGES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES OR CONTENT FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICES FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY FLIGHT OR ANY OF ITS THIRD PARTY SUPPLIERS, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO USER OR ANY OTHER PARTY. THIRD PARTY SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FLIGHT. FLIGHT IS NOT LIABLE FOR THE UNINTENTIONAL OR INTENTIONAL ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR AGENTS OF THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FLIGHT SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF GOD, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IF, NOTWITHSTANDING THE FOREGOING, FLIGHT IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THE SERVICES OR ITS CONTENT, THE LIABILITY OF FLIGHT AND THE THIRD PARTY SUPPLIERS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID TO FLIGHT IN CONNECTION THEREWITH. SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY NOTWITHSTANDING THE SELECTION OF TEXAS LAW AS DESCRIBED BELOW, DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

User shall defend, indemnify, and hold harmless Flight and any Third Party Suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on User’s behalf in excess of the liability described herein or by third parties as a result of User’s use of the Services (including without limitation any violation by User of these terms and conditions, any law or the rights of a third party).

RESOLUTION OF DISPUTES

This Agreement and its performance shall be governed by the laws of the State of Florida, United States of America, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. If a dispute does arise between User and Flight, the goal is to provide a neutral and cost effective means of resolving the dispute quickly. Accordingly, User and Flight shall resolve any action, claim or controversy at law or equity (a "Claim") that arises out of User’s use of the Services, this Agreement, or the Parties' relationship in connection with the Services or this Agreement in accordance with one of the subsections below or as otherwise mutually agreed by the Parties in writing. Before resorting to these alternatives, we strongly encourage User to first contact us directly to seek a resolution by contacting admin@flightfishing.com, since most customer concerns can be resolved quickly and satisfactorily in this manner.

ATTORNEY'S FEES

If Flight takes any action to enforce this Agreement, and such Claim is not resolved pursuant to the Mandatory Arbitration provision under RESOLUTION OF DISPUTES Section, above, Flight may recover from User, and User shall pay, all reasonable attorney's fees and any costs of litigation, in addition to any other relief, at law or in equity, to which Flight may be entitled. Moreover, User agrees that Flight may debit User’s credit or debit card or charge User for any such amounts.

INJUNCTIVE RELIEF

User acknowledges that a violation or attempted violation of any terms of the Agreement will cause damage to Flight as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, User agrees that Flight shall be entitled as a matter of right to seek an injunction from the AAA or any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by User, or their affiliates, partners, or agents, without having to post a bond or other security.

PRIVACY

User consents to the use of User’s personal information by Flight and/or its Third Party Suppliers for commercial purposes, including but not limited to advertising, testimonials, and research purposes.

TAXES, GOVERNMENTAL FEES, TAX RECOVERY CHARGES AND SERVICE FEES

A number of additional taxes, governmental fees, and service fees may apply to your transactions on this site.

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions of Flight and/or its Third Party Suppliers may apply to reservations, and other uses of the Services. User agrees to abide by any such additional terms and conditions and User understands that if User violates any such terms and conditions, it may result in cancellation of User’s Services, in User being denied access to the applicable travel product or services, and in User forfeiting any amounts paid for such reservation(s). Flight may debit User’s credit or debit card account or charge User for any costs Flight incurs as a result of such violation. User acknowledges that some Third Party Suppliers offering certain services and/or activities may require User to sign their liability waiver prior to participating in the service and/or activity they offer.

MISCELLANEOUS

The relationship between Flight and User will be that of independent contractors, and neither of the Parties nor any of their respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. User may not assign, convey, subcontract or delegate User’s rights, duties or obligations hereunder. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between the Parties relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available through the Services.