Terms and Conditions Last Updated: 8.21.24

Welcome to www.flightadventurepark.com (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website located at https://flightadventurepark.com (the “Site”) and any related services, content, and applications (collectively, the “Services”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not use our Services.

1. ACCEPTANCE OF TERMS

By using the Site, you signify your acceptance of these Terms. If you disagree with these Terms, please do not use our Site. Continued use of the Site following the posting of changes to these Terms will be deemed as acceptance of those changes.

2. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site unless otherwise stated. You must review the Terms periodically for any updates or changes. Your continued use of the Site after any changes signifies your acceptance of the modified Terms.

3. ELIGIBILITY

To use our Services, you must be at least [minimum age, typically 13 or 18] years old. By using our Site, you represent and warrant that you meet the eligibility criteria.

4. USER ACCOUNTS

You may be required to create an account to access certain features of the site. You are responsible for maintaining the confidentiality of your account information and all activities under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

5. USE OF THE SITE

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the Site by any third party. Prohibited behavior includes, but is not limited to, harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Site.

6. INTELLECTUAL PROPERTY

All content on the Site, including text, graphics, logos, images, and software, is the property of https://flightadventurepark.com or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any part of the Site without our prior written consent.

7. USER-GENERATED CONTENT

You may be able to post, submit, or otherwise contribute content to the Site (“User Content”). You retain ownership of any intellectual property rights that you hold in that content. However, by submitting User Content to the Site, you grant us a worldwide, irrevocable, non-exclusive, royalty-free, transferable license to use, reproduce, modify, publish, and distribute such content in any and all media.

8. THIRD-PARTY LINKS

The Site may contain links to third-party websites or services not owned or controlled by https://flightadventurepark.com. We have no control over and assume no responsibility for any third-party websites’ content, privacy policies, or practices. You acknowledge and agree that https://flightadventurepark.com shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

9. DISCLAIMER OF WARRANTIES

The Site and Services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Site.

10. LIMITATION OF LIABILITY

In no event shall https://flightadventurepark.com, its affiliates, or their respective officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or Services, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless https://flightadventurepark.com, its affiliates, and their respective officers, directors, employees, agents, suppliers, or licensors from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of these Terms.

12. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Virginia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within Virginia to resolve any legal matter arising from these Terms or your use of the Site.

13. ARBITRATION AND VENUE:

Any and all disputes or claims arising out of or relating to the Terms, a breach thereof, or the scope, interpretation, arbitrability, or validity of the Terms, including this arbitration agreement, shall be brought by the parties only in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled and finally resolved exclusively by binding, confidential, and private arbitration before a single arbitrator administered by JAMS pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, including Rules 16.1 and 16.2 Expedited Arbitration Rules and Procedures and Rule 34 Optional Arbitration Appeal Procedure, in effect at the time the demand for arbitration is filed. The location of the arbitration shall be held in Virginia unless another location is agreed upon by all parties to the arbitration. The decision and award shall be binding upon all parties, and judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. No award shall exceed the amount of the claim submitted by either party, and the arbitrator shall have no authority to award punitive or exemplary damages or attorneys’ fees. This AGREEMENT shall be governed by, and construed and interpreted in accordance with, the laws of the State of Virginia without regard to “choice of law” principles. Notwithstanding the provision with respect to the applicable substantive law, arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by the Federal Arbitration Act (9 U.S.C. §1 et seq.). If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph.

14. TERMINATION

We reserve the right to terminate or suspend your account and access to the Site at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Site, us, or third parties, or for any other reason.

15. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at privacy@flightadventurepark.com.

---