Terms of Service

Terms of Service


Please read these Terms of Service (“Terms”) and Jetoptera’s Privacy Policy (“Privacy Policy”) carefully before using the Jetoptera website (“Website”), any associated online services (collectively, “Services”), and any products and technology of Jetoptera, Inc. (collectively, “Jetoptera”, “Company”, “we”, “us”, or “our”). By accessing, using, or obtaining any content, product, or services through the Services in any manner, you agree to the then posted Terms and Privacy Policy, to be bound by them, and that you have read and understood them. If you do not accept all of these Terms, you are not authorized to use the Services.

If you are using our Services on behalf of a company, partnership, association, government or other organization (your “Organization”), you warrant that you are authorized to do so and that you are authorized to bind your Organization to these Terms and in such circumstances “you” will include your Organization.

You further warrant as a condition of your use of the Services that: You are at least 18 years of age; You possess the legal authority to create a binding legal obligation; You will use the Services in accordance with these Terms; You will only use the Services in accordance with applicable laws; and all information that you will supply to the Services will be true, accurate, current, and complete.

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Services, are legally binding, limit Jetoptera’s liability to you and require you to indemnify us and to settle certain disputes through individual arbitration.

Jetoptera reserves the right to withdraw or amend the Terms or Services in its sole discretion and without prior notice. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period.

1. Additional Terms.

In some instances, additional or different terms, posted on the Services, apply to your use of certain parts of the Services (individually and collectively “Additional Terms”), including without limitation terms of sale for our products. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. However, nothing in those Additional Terms will amend these Terms unless expressly indicated otherwise in those Additional Terms. Sales of products and services may be subject to regulatory requirements and export restrictions in addition to any Additional Terms.

2. Disclaimer to Customers.

We strive to accurately describe our products or services; however, we do not warrant that such specifications, pricing, or other content is complete, accurate, reliable, current, or error-free. We do not guarantee that our development-stage products will ever become commercially available to the public, or that versions that are made available for sale to the public will have the same specifications or performance of our development-stage products. Products and services may be subject to export restrictions or requirements and other restrictions and requirements under applicable law. Customers are solely responsible for researching what legal restrictions and requirements may apply to their purchases from us. As permitted by applicable law, Jetoptera shall have the right to refuse or cancel any orders in its sole discretion. Customer orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charge a customer’s credit or other account prior to rejection or cancellation, we will reissue credit to that customer’s account. Additional terms may apply. If a product a customer purchased or accepted from Jetoptera is not as described, as permitted by applicable law, that customer’s sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.


3. Disclaimer to Investors.

To the best of our knowledge, all information provided on the Services, including this Website, is true at the time of publication. However, many statements contained in the Services are forward-looking, based on projections, and subject to change without notice. Neither the Services nor any other information from Jetoptera constitutes a guarantee of future products or performance.

Investor relations information is provided as a service to existing members of the Jetoptera network and as a way for interested third-party qualified investors to contact Jetoptera. The Services are not an offer to purchase securities. Any investment you make in Jetoptera must be at your own risk and must be backed up by your own due diligence. Jetoptera shall not be held liable under any circumstance for the non-realization of any specific expectations of you or your organization’s investment. Jetoptera’s technologies are very innovative and new opportunities and/or previously unknown risks may be discovered in due course, causing Jetoptera to change its business plan.

The information contained in the Services is not, and should not be viewed as, a description of Jetoptera’s business plan, and is not intended to form the basis of any investment decision with respect to any of the Company’s securities. The information contained in the Services does not constitute a prospectus or any other offering document, nor does it constitute or form part of any invitation or offer to purchase, sell or subscribe for, or any solicitation of any such offer to purchase, sell or subscribe for, any securities of the Company nor shall such information be relied on for the commencing of any actions in relation to the securities of the Company.

No reliance should be placed, for any purposes whatsoever, on the information contained in the Services or on its completeness and it should not be considered a recommendation by the Company or any of its subsidiaries or affiliates or anyone acting on their behalf (such as any of their directors, partners, officers, employees, advisers or any other persons) in relation to any transaction relating to its securities. No representation or warranty is given by or on behalf of the Company or any of its subsidiaries or affiliates or anyone acting on their behalf (such as any of their directors, partners, officers, employees, advisers or any other persons) as to the accuracy, fairness or sufficiency of the information. No liability is accepted for any errors, omissions or inaccuracies in such information.

Certain statements in the information contained in this folder are forward-looking statements. By their nature, forward-looking statements involve risks, uncertainties and assumptions which could cause actual results or events to differ materially from those expressed or implied by the forward looking statements. These include, among other factors, changing business or other market conditions and anticipations, etc. Forward-looking statements contained in the Services regarding past trends or activities should not be taken as a representation that such trends or activities will continue in the future. Without limiting the foregoing, statements including the words “believes,” “anticipates,” “plans,” “expects,” and similar expressions are also forward-looking statements. The Company does not undertake any obligation to update or revise any information set forth herein (including any forward-looking statements) whether as a result of new information, future events or otherwise.

4. Further Disclaimer of Representations and Warranties.

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, Jetoptera and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Jetoptera Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Services, Content, Jetoptera Licensed Elements, Submissions or other Jetoptera products or services, except as otherwise set forth in these Terms, below.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, JETOPTERA PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY JETOPTERA PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY JETOPTERA PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) JETOPTERA PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY JETOPTERA PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST JETOPTERA PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

5. Limitations of Our Liability.

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY JETOPTERA PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Services, Content, Jetoptera Licensed Elements, Submissions or other Jetoptera products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Jetoptera.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Jetoptera Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Services).

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JETOPTERA PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID JETOPTERA IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).

NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY JETOPTERA PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY JETOPTERA PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) JETOPTERA PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY JETOPTERA PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST JETOPTERA PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

6. Intellectual Property Ownership


The Services, including this Website and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights herein (“Intellectual Property”), are owned or controlled by Jetoptera, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Services is the property of Jetoptera, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Jetoptera owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.

Jetoptera patents and/or patent applications include but are not limited to the following:

Patent Title

Publication #

MICRO-TURBINE GAS GENERATOR AND PROPULSIVE SYSTEM

20170159565

FLUIDIC PROPULSIVE SYSTEM

20170057647

FLUIDIC PROPULSIVE SYSTEM AND THRUST AND LIFT GENERATOR FOR AERIAL VEHICLES

20170057621

EJECTOR AND AIRFOIL CONFIGURATIONS

20170057648

EJECTOR AND AIRFOIL CONFIGURATIONS

20170240275

EJECTOR AND AIRFOIL CONFIGURATIONS

2017065858

MICRO-TURBINE GAS GENERATOR AND PROPULSIVE SYSTEM

2017116613

FLUIDIC PROPULSIVE SYSTEM

2017065859

FLUIDIC PROPULSIVE SYSTEM AND THRUST AND LIFT GENERATOR FOR AERIAL VEHICLES

2017041018

CONFIGURATION FOR VERTICAL TAKE-OFF AND LANDING SYSTEM FOR AERIAL VEHICLES

2017209820

WINGLET EJECTOR CONFIGURATIONS

20170283080

INTERNAL COMBUSTION ENGINE EXHAUST PIPE FLUIDIC PURGER SYSTEM

20170350309

INTERNAL COMBUSTION ENGINE INTAKE POWER BOOSTER SYSTEM

20170321638

7. Your Rights to Use the Service and Content.

Your right to use the Services and Content is subject to your strict compliance with these Terms. Your right to access and use the Services and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Services and the Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “Jetoptera Licensed Elements”):

  1. Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
  2. Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Services;
  3. If the Services include a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one of your friends a communication that includes Content, or to post our Content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negatively on us, and only send to recipients you have permission to contact;
  4. If the Services include a “Download” link next to a piece of Content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such Content to a single Device;
  5. Download, install and use one copy of any software, including apps, that we make available on or through the Services (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Jetoptera does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be Jetoptera and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms, without the prior written consent of Jetoptera; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
  6. If made available to you, obtain a registered personal account (and/or related username and password) on the Services and interact with the Services in connection therewith;
  7. Link to the Services from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Jetoptera names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Jetoptera or cause any other confusion, and (c) the links and the content on your website do not portray Jetoptera or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Jetoptera. Jetoptera reserves the right to suspend or prohibit linking to the Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
  8. Use any other functionality expressly provided by Jetoptera on or through the Services for use by users, subject to these Terms (including, without limitation, functionality to create and/or post Submissions (as defined below)).


These Terms include only narrow, limited grants of rights to use and access the Services and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY JETOPTERA AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Services for any purpose is prohibited.

You may use the Services only for lawful purposes and in accordance with these Terms. In addition to the other prohibitions set forth in these Terms, you are prohibited from using the Services or its Content to infringe upon or violate Jetoptera’s intellectual property rights or the intellectual property rights of others; or in any manner that could affect the functionality or the operation of the Service. You are also prohibited from using any manual or automated process to monitor or copy any of the Content on the Services without our prior written consent; and attacking the Services via a denial-of-service attack or a distributed denial-of-service attack.

8. Content you Submit.

You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Services, or by means other than the Services, including without limitation via our social media pages and accounts such as Facebook, Twitter and LinkedIn) (“Submissions”), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. As permitted by applicable law, and subject to any explicit terms of our Privacy Policy and applicable Additional Terms, you also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivatives thereof. As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions.

9. Third Party Content and Services.

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any third-party content submitted to, transmitted or displayed by or linked by our Services, including content provided by other users of our Services or by our advertisers. You acknowledge and agree that by using our Services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our Services by you is at your own risk and we will bear no responsibility or liability, directly or indirectly, for any damage caused or alleged to be caused by or in connection with use of or reliance on such third-party content. If you access third party services through our Services, you must comply with any terms and conditions applicable to those services.


10. Export control.

Jetoptera technology may be subject to United States laws and regulations (including the Arms Export Control Act, as amended, and the Export Administration Act of 1979) controlling the export of technical data, computer software, laboratory prototypes, and other commodities. The transfer of certain technical data and commodities may require a license from the relevant agency of the United States Government and/or written assurances that such transfers shall be made to certain foreign countries without prior approval of such agency. Licensee or the applicable licensed party shall fully comply with such export control laws. Jetoptera makes no representation respecting the requirements for such a license, or that, if required, that such a license will be issued.

You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export any portion of Jetoptera technology or products to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

11. Aircraft Operation Laws.


Use of Jetoptera technology may be subject to United States and other jurisdictions’ laws and regulations controlling the operation of aircraft. Customers and aircraft operators are solely responsible for complying with the applicable laws in the relevant jurisdiction where operations take place. Operators in the United States should carefully review the Federal Aviation Administration’s regulations . For those operating Small UAS under 55 lbs., review the agency’s Small UAS Rules .

12. Arbitration and Dispute Claims.

Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Services or these Terms, whether before the effective data of these Terms or after arising (collectively, “Dispute”) shall be in King County, Washington. Each party submits to personal jurisdiction and venue in King County, Washington for any and all purposes.

Pre-Arbitration Notification. Jetoptera and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Jetoptera need not do so in circumstances where its claims of intellectual property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Jetoptera – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Jetoptera is making a claim, the letter shall be sent, via email, to the email address listed in your Jetoptera account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this section. If you are making a claim, the letter shall be sent to Jetoptera at 144 Railroad Ave, Suite 100 Edmonds, WA 98020, with a copy sent to legal counsel Foster Garvey at 1111 3rd Ave Suite 3000, Seattle, WA 98101. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings. Either you or Jetoptera, however, may seek provisional remedies before the expiration of this sixty (60)-day period.

Arbitration of Claims. All actions or proceedings arising in connection with, touching upon or relating to the Services or these Terms, the breach thereof and/or the scope of the provisions of this Section shall be submitted to AAA for final and binding arbitration in Seattle, Washington. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by AAA. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of the Agreement waiving or limiting that relief) in a court of competent jurisdiction in Seattle, Washington or, if sought by Jetoptera, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the King County Superior Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY JETOPTERA PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED SUBMISSIONS) OR A LICENSOR OF ANY JETOPTERA PARTY.

Governing Law. These Terms, General Disputes and IP Disputes, and any other claim brought by you against Jetoptera or by Jetoptera against you pursuant to this section, or otherwise related to the Services or other Jetoptera products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of Washington, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This section shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and Jetoptera agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement. Either party may seek enforcement of this section in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

Class Action Waiver. As permitted by applicable law, both you and Jetoptera waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in AAA rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

Small Claims Matters. Notwithstanding the foregoing, either of us may bring a qualifying claim of General Dispute (but not IP Disputes) in small claims court.

The provisions of this section shall supersede any inconsistent provisions of any prior agreement between the parties. This section shall remain in full force and effect notwithstanding any termination of your use of the Services or these Terms.

13. General Provisions.

Jetoptera’s Consent or Approval. As to any provision in these Terms that grants Jetoptera a right of consent or approval, or permits Jetoptera to exercise a right in its “sole discretion,” Jetoptera may exercise that right in its sole and absolute discretion. No Jetoptera consent or approval may be deemed to have been granted by Jetoptera without being in writing and signed by an officer of Jetoptera.

Indemnity. As permitted by applicable law, you agree to, and you hereby, defend (if requested by Jetoptera), indemnify, and hold Jetoptera and Jetoptera Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Jetoptera Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your Submissions; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Jetoptera Parties’ use of the information that you submit to us (including your Submissions) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Jetoptera Parties, in the defense of any Claims and Losses. Notwithstanding the foregoing, Jetoptera Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Jetoptera Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Jetoptera Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

Operation of Service; Availability of Products and Services; International Issues. Jetoptera controls and operates the Services from the U.S.A., and makes no representation that the Services are appropriate or available for use beyond the U.S.A. If you use the Services from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

Severability; Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, Jetoptera reserves the right, without limitation, to: (i) investigate any suspected breaches of its Services security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by Jetoptera in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Jetoptera to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Services, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to Jetoptera under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Services, or upon notice from Jetoptera, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Services. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Jetoptera in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

Assignment. Jetoptera may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Jetoptera.

Complete Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Services and supersede any prior agreements, representations, warranties, assurances or discussion related to the Services. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Jetoptera in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

14. Updates to Terms.

It is your responsibility to review the posted Terms each time you use the Services (at least prior to each transaction or submission). EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICES YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICES (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICES AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS.

Any new Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Services.


Jetoptera’s legal counsel is provided by Foster Garvey PC.