Effective June 2024

PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING ANY FLY RAVEN JET WEBSITE OR USING THE APP. BY ACCESSING OR USING ANY FLY RAVEN JET WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THE SERVICES.

IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER (SEE SECTION 19), WHICH AFFECTS YOUR RIGHTS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED IN SECTION 19 BELOW.

INTRODUCTION

These Terms of Use (“Terms”) constitute a legally enforceable agreement between you (“you” or “User”) and Fly Raven Jet LLC (together with its parents, subsidiaries and affiliates, unless one is expressly excluded, “Fly Raven Jet,” “we,” “us,” or “our”). These Terms govern your access to and use of all text, data, information, software, graphics, photographs and other materials (collectively, “Materials”) made available through any Fly Raven Jet website (each, a “Website”) or mobile application (each, an “App” and, together with the Website(s), the “Services”).

1. CHANGES TO THESE TERMS

1.1 Fly Raven Jet may modify, suspend, discontinue, or update the Services or any portion thereof at any time and may change, supplement, or revise these Terms from time to time.

1.2 We will notify you of material changes by posting the revised Terms on the Services and, if you maintain an account, by emailing the address associated with your account. Continued use of the Services following notice of modifications constitutes your acceptance of such modifications.

1.3 In the event of any inconsistency between these Terms and any expressly designated legal notices on particular pages of a Website, in an App, or in an Ancillary Agreement (e.g., membership agreements, flight contracts), the expressly designated legal notice or Ancillary Agreement shall control with respect to the subject matter of that notice or agreement.

2. GENERAL USE OF OUR SERVICES

2.1 The Services are intended for use by persons who are at least eighteen (18) years of age. If you are under eighteen (18), you may use the Services only with the consent of your parent or legal guardian and provided your parent or legal guardian agrees to these Terms and assumes all obligations under these Terms on your behalf. Fly Raven Jet may collect personal data from minors where necessary to comply with legal or regulatory obligations (for example, in connection with arranging air transportation).

2.2 Subject to these Terms and our Privacy Policy, Fly Raven Jet grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. You shall not copy, modify, create derivative works of, reverse engineer, disassemble, or otherwise attempt to derive source code from the Services or Materials except to the extent expressly permitted by applicable law.

2.3 Any breach of these Terms will result in immediate termination of the license granted herein and may subject you to legal liability. Upon termination, you must cease all use of the Services and destroy copies of any Materials obtained from the Services.

3. ACCOUNT TERMS; PASSWORDS; ANCILLARY AGREEMENTS

3.1 Where account registration is required, you represent and warrant that you provide true, accurate, current, and complete information and will maintain and promptly update such information. You are responsible for all activity that occurs through your account and must keep your password and account credentials confidential.

3.2 You authorize Fly Raven Jet to act on instructions received via your account and acknowledge that Fly Raven Jet may rely on such instructions without further inquiry. Your use of certain Fly Raven Jet services (for example, membership services, booking, or payment for flights) may be governed by additional agreements (each, an “Ancillary Agreement”) which will supplement and, where applicable, supersede these Terms as to their specific subject matter.

4. REPORTING SUSPICIOUS ACCOUNT ACTIVITY

If you suspect your account has been compromised or you observe unauthorized use of your account, notify Fly Raven Jet immediately by emailing management@flyravenjet.com.

5. PRIVACY POLICY

Fly Raven Jet respects your privacy. Our Privacy Policy explains how we collect, use, disclose, and protect personal information and is incorporated into these Terms by reference. The Privacy Policy is available at www.flyravenjet.com/privacy. By using the Services, you consent to that collection and use in accordance with the Privacy Policy.

6. ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receive electronic communications from Fly Raven Jet (including email, push notifications, and, if you opt in, SMS/text messages). Such communications may include transactional notices, billing notices, updates, and promotional messages (subject to applicable law). You agree that electronic communications satisfy any legal writing requirements.

7. LINKS TO THIRD-PARTY SITES

7.1 The Services may contain links to third-party websites, applications, or platforms (“Third-Party Sites”). These Third-Party Sites are not under Fly Raven Jet’s control and Fly Raven Jet is not responsible for their content, accuracy, or practices. Links do not constitute endorsement.

7.2 If you visit any Third-Party Site, you do so at your own risk and must comply with the terms and policies of those Third-Party Sites.

8. USER SUBMISSIONS; LICENSE GRANTED TO FLY RAVEN JET

8.1 The Services may permit you to submit content, including text, images, reviews, comments, feedback, data, or other materials (each, a “User Submission”). You are solely responsible for your User Submissions and the consequences of posting them.

8.2 By submitting a User Submission, you represent and warrant that: (a) you own or control all rights to the User Submission or have obtained all necessary rights and consents; (b) the User Submission does not violate these Terms or any applicable law; and (c) the User Submission does not infringe any third-party intellectual property, privacy, publicity or other rights.

8.3 You hereby grant Fly Raven Jet a perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, distribute, modify, adapt, publish, translate, publicly perform and publicly display, and otherwise exploit your User Submission for any purpose (including commercial purposes), in any media now known or hereafter developed, without attribution or compensation to you.

8.4 Fly Raven Jet reserves the right, but is not obligated, to monitor, remove, or refuse any User Submission at its discretion.

9. FEEDBACK

Any feedback, suggestions, or ideas (collectively, “Feedback”) you provide to Fly Raven Jet are non-confidential and Fly Raven Jet shall be free to use and commercialize such Feedback without obligation to you. To the extent an assignment is unenforceable, you grant Fly Raven Jet an exclusive, transferable, worldwide, royalty-free license to use the Feedback.

10. UNAUTHORIZED ACTIVITIES; SANCTIONS

10.1 You shall use the Services only for lawful purposes and in accordance with these Terms. Prohibited conduct includes, without limitation: (a) copying, distributing or exploiting Materials for commercial purposes; (b) interfering with the operation of the Services; (c) using bots, scrapers or automated means to access or collect content; (d) attempting to gain unauthorized access to other accounts; (e) stalking, harassing or harming others; and (f) violating any applicable law, including export control, sanctions, or anti-money laundering laws.

10.2 You acknowledge that Fly Raven Jet may restrict or refuse service to individuals or entities subject to economic sanctions or other export or trade restrictions (including but not limited to lists maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC)).

10.3 You agree to indemnify and hold Fly Raven Jet harmless for any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms or your unlawful or negligent acts.

11. INTELLECTUAL PROPERTY; PROPRIETARY RIGHTS

11.1 All rights, title, and interest in and to the Services, Materials, software, source code, databases, content, trademarks, trade dress, logos, and other intellectual property (collectively, “Fly Raven Jet IP”) are and shall remain the exclusive property of Fly Raven Jet and its licensors. No rights are granted to you other than the limited license expressly set forth herein.

11.2 The trademarks, service marks, and logos displayed on the Services are the property of Fly Raven Jet and third parties. You shall not use Fly Raven Jet’s trademarks without our prior written consent.

12. INTELLECTUAL PROPERTY INFRINGEMENT; DMCA

12.1 Fly Raven Jet respects third-party intellectual property. If you believe your copyright or other intellectual property rights have been infringed on the Services, please provide a written notice that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work or other IP you claim is infringed; (c) identification of the material claimed to be infringing and its location; (d) contact information (postal address, telephone, email); (e) a statement of good-faith belief that use is unauthorized; (f) a statement the information is accurate; and (g) a statement under penalty of perjury that you are authorized to act on behalf of the rights holder.

12.2 Send notices to Fly Raven Jet’s designated agent for copyright infringement at: management@flyravenjet.com (please use “DMCA Notice” in the subject line). Fly Raven Jet will process notices in accordance with applicable law.

12.3 If you receive a DMCA takedown notice and believe the material was removed by mistake, you may submit a DMCA counter-notification including: (a) your physical or electronic signature; (b) identification of the material removed and its prior location; (c) statement under penalty of perjury that you have a good-faith belief the material was removed by mistake; and (d) your contact information and consent to jurisdiction as required by law. Submit counter-notifications to management@flyravenjet.com.

12.4 Fly Raven Jet reserves the right to terminate accounts of repeat infringers.

13. YOUR RELATIONSHIP WITH OTHER USERS

13.1 Fly Raven Jet is not a party to agreements between users or between users and third parties made outside these Terms unless an Ancillary Agreement states otherwise. We do not guarantee the conduct, reliability, or suitability of other users.

13.2 You release Fly Raven Jet and its officers, directors, employees, and agents from claims arising from disputes between users or between a user and third parties. California residents specifically waive Civil Code §1542 to the extent permitted by law.

14. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLY RAVEN JET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FLY RAVEN JET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

15. LIMITATION OF LIABILITY

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLY RAVEN JET, ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 EXCEPT WHERE PROHIBITED BY LAW, FLY RAVEN JET’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FLY RAVEN JET IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (IF ANY); IF NO AMOUNTS WERE PAID, FLY RAVEN JET’S AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS (USD $100).

15.3 THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY RESULTING FROM FLY RAVEN JET’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, OR WHERE OTHERWISE REQUIRED BY APPLICABLE LAW.

16. LOCAL LAWS; EXPORT CONTROL

Fly Raven Jet controls and operates the Services from the United States. Use of the Services outside the United States may be subject to local laws and export control restrictions. You are solely responsible for compliance with local laws and export rules that apply to your use of the Services.

17. DISPUTE RESOLUTION & ARBITRATION; CLASS ACTION WAIVER

17.1 Scope and Agreement to Arbitrate. PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR RIGHTS. Except where otherwise expressly provided, you and Fly Raven Jet agree that all disputes, claims or controversies arising out of or relating to these Terms, your use of the Services, or the relationship between you and Fly Raven Jet (collectively, “Disputes”) shall be resolved exclusively by binding arbitration as set forth below, rather than in court, except that either party may bring claims in small claims court or seek injunctive relief in a court of competent jurisdiction.

17.2 Pre-Arbitration Claim Resolution. Before initiating arbitration or filing suit, you must first submit a written notice describing the nature of your claim, your contact information, and the relief you seek, to Fly Raven Jet’s Chief Legal Officer at: Fly Raven Jet LLC — Attn: Chief Legal Officer — [Insert Mailing Address] (or by email to management@flyravenjet.com). Fly Raven Jet will have forty-five (45) days from receipt to attempt to resolve the claim. If not resolved, either party may commence arbitration in accordance with this Section.

17.3 Opt-Out Right. You may opt out of this arbitration agreement and class action waiver by sending written notice to management@flyravenjet.com within thirty (30) days of the date you first agree to these Terms. The opt-out notice must include your name, address, and a clear statement that you do not agree to arbitrate disputes. Opt-out notices received after the deadline are ineffective.

17.4 Arbitration Rules and Administrator. Arbitration will be administered by either the American Arbitration Association (“AAA”) or JAMS, at the initiating party’s election. For consumer claims under $75,000, the AAA Consumer Rules will apply; for larger claims, the AAA Commercial Rules will apply. For JAMS, the JAMS Comprehensive Arbitration Rules & Procedures will apply. The arbitration shall be conducted by a single neutral arbitrator selected in accordance with such rules. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act.

17.5 Individualized Proceedings / No Class Actions. ALL ARBITRATIONS UNDER THESE TERMS SHALL PROCEED ON AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL NOT CONSOLIDATE MULTIPLE CLAIMS, HEAR ANY CLASS, REPRESENTATIVE, OR COLLECTIVE ACTIONS, OR PRESIDE OVER ANY FORM OF A CLASS-WIDE PROCEEDING UNLESS FLY RAVEN JET AND YOU AGREE IN WRITING AFTER THE ARBITRATION IS COMMENCED.

17.6 Fees, Costs, and Remedies. Fly Raven Jet will pay the filing fees and arbitrator fees required to initiate arbitration upon your request. Each party will bear its own attorney’s fees and costs, except as may be awarded by the arbitrator under applicable law or otherwise required by these Terms.

17.7 Location and Procedure. The arbitration will be conducted in the state of New York or the federal judicial district where you reside, unless Fly Raven Jet initiates the arbitration in another district, in which case you may request transfer to the AAA or JAMS office nearest your billing address. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.8 Severability. If the Class Action waiver is found unenforceable, this entire Section 17 will be unenforceable, and the Dispute will proceed in a court of competent jurisdiction. Otherwise, if any provision in this Section is found unenforceable, the remainder shall be enforced to the fullest extent permitted by law.

17.9 Survival. This arbitration agreement survives termination of your account and these Terms.

GENERAL PROVISIONS

18.1 Termination. Fly Raven Jet may suspend or terminate your access to the Services for any reason, including violation of these Terms, without prior notice.

18.2 Entire Agreement. These Terms (together with any Ancillary Agreements and the Privacy Policy) constitute the entire agreement between you and Fly Raven Jet concerning the Services and supersede all prior agreements.

18.3 Waiver; Severability. Failure to enforce any provision of these Terms does not waive Fly Raven Jet’s right to enforce it later. If any provision is declared invalid, the remaining provisions shall remain in full force.

18.4 Governing Law; Venue. Except for Disputes subject to arbitration under Section 17, these Terms shall be governed by the laws of the State of New York without regard to conflict-of-law principles. Unless otherwise required under applicable law, the state and federal courts located in New York County, New York, shall have exclusive jurisdiction over actions not subject to arbitration.

18.5 Export Controls. You agree to comply with all export control laws and regulations applicable to your use of the Services.

CONTACT INFORMATION

If you have questions, need assistance, or wish to provide notices required under these Terms, contact Fly Raven Jet at:

Email: management@flyravenjet.com
DMCA / copyright notices: management@flyravenjet.com (use subject line “DMCA Notice”)
Mailing address for legal notices and pre-arbitration claim submissions: Fly Raven Jet LLC — Attn: Chief Legal Officer — [Insert Mailing Address].

MISCELLANEOUS

20.1 These Terms do not apply to websites, mobile applications, or digital platforms operated by Fly Raven Jet’s service partners unless expressly stated.

20.2 Any additional questions or requests may be directed to management@flyravenjet.com.

ACKNOWLEDGMENT: BY CONTINUING TO ACCESS OR USE THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.