The Flight Attitude

Terms and Conditions of Use

Welcome to The Flight Attitude website (the “The Flight Attitude Site” or “theflightattitude.com”), a website owned and operated by The Flying Ginger, LLC.

These Terms of Use constitute a legally binding agreement between you and The Flight Attitude. Please read these Terms of Use, the terms and conditions posted through any of The Flight Attitude Device(s) or Application(s), or any additional terms and conditions, policies and guidelines posted on any other website, application, or services provided by The Flight Attitude (collectively, the “The Flight Attitude Services” or “Services”) carefully before using The Flight Attitude Services.

The Terms and Conditions of Use stated below, along with the policies and guidelines located throughout The Flight Attitude Services (collectively herein the “Terms of Use”) identify what a user of The Flight Attitude Services (“you” or “your” or “User” or “Users”) can expect from The Flight Attitude, its parent, subsidiaries, and affiliates (together referred to herein as “The Flight Attitude”, “we”, “us” or “our”), and/or persons who provide products or services to The Flight Attitude customers either directly or through The Flight Attitude Services (“The Flight Attitude Providers”) and what The Flight Attitude in turn expects from Users. By visiting any of The Flight Attitude Services, creating an account, making a purchase via The Flight Attitude Services, downloading a The Flight Attitude application, joining any of The Flight Attitude online interactive communities, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to The Flight Attitude user forums, blogs, or interactive features, you agree that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave The Flight Attitude Site or any other The Flight Attitude Service immediately.

1. LICENSES AND RESTRICTIONS

1.1 Licenses. The Flight Attitude grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with The Flight Attitude documented in a separate agreement) of The Flight Attitude Services, its Content (as that term is defined in Section 3 below. Additional terms and conditions apply to User Created Content, as that term is defined in Section 12 below. The Flight Attitude further grants the User a limited, nonexclusive and revocable right to create a hyperlink to The Flight Attitude Services so long as the link does not portray The Flight Attitude, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:

(a) Reproduce, copy, or resell The Flight Attitude Services, the Content or any portion or derivative thereof;

(b) Commercially use The Flight Attitude Services, the Content or any portion derivative thereof (unless User has a business relationship with The Flight Attitude, in which case such commercial use will be governed by the terms applicable to such business relationship);

(c) Copy or download any User’s account or profile information for the benefit of any third party;

(d) Enable high volume, automated, electronic processes that apply to The Flight Attitude Services or its systems, the Content or any portion or derivative thereof;

(e) Use any robot, spider, data miner, crawler, scraper or other automated means to access or index The Flight Attitude Services or its systems, the Content or any portion or derivative thereof for any purpose;

(f) Interfere or attempt to interfere with the proper working of The Flight Attitude Services;

(g) Bypass any measures used by The Flight Attitude to prevent or restrict access to any portion of The Flight Attitude Services, the Content or any portion or derivative thereof;

(h) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Flight Attitude;

(i) Use The Flight Attitude’s name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or

(j) Compile, repackage, disseminate or otherwise use data extracted from The Flight Attitude Services.

The foregoing are expressly prohibited and the right to do any of the foregoing shall require The Flight Attitude’s express written consent (which may include a written agreement signed by an authorized representative of The Flight Attitude). Any unauthorized use of The Flight Attitude Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by The Flight Attitude.

2. TRADEMARKS

The Flight Attitude, or its parent, subsidiaries, affiliates, or third parties from whom The Flight Attitude has permission, own the trademarks or service marks that are used on The Flight Attitude Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of The Flight Attitude and its licensors may not be used without prior written consent of The Flight Attitude or its licensor, as the case may be. Without limiting the foregoing, no trademark or trade dress associated with The Flight Attitude may be used in connection with any product or service that is not The Flight Attitude’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits The Flight Attitude.

3. CONTENT

All Rights Reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of the copyright holder. While every precaution has been taken in the preparation of this material, The Flight Attitude assumes no responsibility for damages resulting from the use of the information contained herein. None of the material in this book supersedes any operational documents or procedures issued by the Federal Aviation Administration (FAA), aircraft and avionics manufacturers, flight schools, or the operators of aircraft.

Proprietary Rights. User acknowledges that The Flight Attitude product contains certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and The Flight Attitude owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on The Flight Attitude Services. User(s) may not publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, given the “fully customizable” purpose of The Flight Attitudes Services, users may modify, remove, delete, augment, add to, or make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.

4. RISK OF LOSS

The risk of loss and title for all items purchased via The Flight Attitude Services pass to the User upon delivery of the item to the carrier.

5. TERMINATION OF USAGE

5.1 Termination Rights. The Flight Attitude may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of The Flight Attitude Services including any account thereon, without notice, for any reason in The Flight Attitude’s sole discretion, including, without limitation, violation of the Terms of Use, The Flight Attitude’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, The Flight Attitude, any of The Flight Attitude Provider(s) or another User(s).

5.2 Restricted Users. In certain cases, in The Flight Attitude’s sole discretion, The Flight Attitude may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of The Flight Attitude Services has been terminated, including the right to use, access or create any account thereon; (ii) that The Flight Attitude refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

6. INDEMNITY

User agrees to indemnify, defend and hold The Flight Attitude (and its affiliates, employees, contractors, agents, suppliers and partners) and each The Flight Attitude Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of (i) such User’s use of The Flight Attitude Services, (ii) any alleged breach or violation of the Terms of Use or (iii) such User’s violation of any law or the rights of a third party. The Flight Attitude reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify The Flight Attitude, and User agrees to cooperate with The Flight Attitude’s defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of The Flight Attitude Services.

7. PASSWORD AND ACCOUNT SECURITY

7.1 Account Password. Every User that has an account for The Flight Attitude Services is responsible for (i) keeping his or her account password confidential and secured; (ii) avoiding unauthorized access to such User’s computer or other devices; and (iii) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her The Flight Attitude account using an old e-mail address, such User will not receive messages from The Flight Attitude about his or her orders and inquiries or other matters.

7.2 Account Security. User accepts full responsibility for all activities that occur within such User’s The Flight Attitude account or within The Flight Attitude Services interactive community, whether or not authorized by the User.

8. NOTICES

User consents to electronic communications with The Flight Attitude, whether addressed to the e-mail address associated with such User’s The Flight Attitude account or posted on The Flight Attitude Services. User acknowledges and agrees that any communication via e-mail or by postings on The Flight Attitude Services satisfies any legal requirement that such communications be made in writing.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

9.1 DISCLAIMER OF WARRANTIES.

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE FLIGHT ATTITUDE SERVICES AND ANY THE FLIGHT ATTITUDE ACCOUNT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE FLIGHT ATTITUDE SERVICES OR ANY THE FLIGHT ATTITUDE ACCOUNT IS AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE FLIGHT ATTITUDE SERVICES, ANY THE FLIGHT ATTITUDE ACCOUNT OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.

(b) THE FLIGHT ATTITUDE IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY, USER CREATED CONTENT POSTED ON THE FLIGHT ATTITUDE SERVICES OR THROUGH THE FLIGHT ATTITUDE SERVICES. USER CREATED CONTENT IS DEFINED AS: any written, visual, or audio content that’s uploaded to a website or app by users, rather than by the website or app administrators. User Created Content includes messages, reviews, testimonials, comments, images, audio files, videos, and artwork. USER CREATED CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF THE FLIGHT ATTITUDE. PROFILES AND THIRD PARTY APPLICATIONS CREATED AND POSTED BY USERS ON THE FLIGHT ATTITUDE SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES. THE FLIGHT ATTITUDE IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY THE FLIGHT ATTITUDE. INCLUSION OF ANY LINKED WEBSITE ON THE FLIGHT ATTITUDE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY THE FLIGHT ATTITUDE. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. THE FLIGHT ATTITUDE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE FLIGHT ATTITUDE SERVICES.

(c) WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH OR MADE AVAILABLE ON THE FLIGHT ATTITUDE SERVICES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY ADVERTISERS ON THE FLIGHT ATTITUDE SERVICES.

9.2 LIMITATION OF LIABILITY.

(a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE FLIGHT ATTITUDE SERVICES OR ANY ACCOUNT ASSOCIATED WITH THE FLIGHT ATTITUDE REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE FLIGHT ATTITUDE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE FLIGHT ATTITUDE SERVICES OR THE MATERIALS ON THE FLIGHT ATTITUDE SERVICES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.

(b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE FLIGHT ATTITUDE SERVICES OR YOUR THE FLIGHT ATTITUDE ACCOUNT EXCEED US$100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).

10. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of The Flight Attitude to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

11. APPLICABLE LAW; JURISDICTION

11.1 Applicable Law. The Flight Attitude Services are created and controlled by The Flight Attitude in the State of Utah. The laws of the State of Utah will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

11.2 Jurisdiction. Each of The Flight Attitude and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Salt Lake County, Utah and waives any objection to the laying of venue of any litigation in said courts.

12. EXPORT

Any software distributed by The Flight Attitude is “commercial computer software” or “commercial computer software documentation.” The U.S. Government’s rights with respect to The Flight Attitude Services are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using The Flight Attitude Services that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use The Flight Attitude Services for any illegal purpose. Because The Flight Attitude Services, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or “re-export” (transfer) The Flight Attitude Services or any Content, including User Created Content, unless User has complied with all applicable U.S. export controls.

13. ADDITIONAL TERMS AND CONDITIONS

In addition to the policies and guidelines located throughout The Flight Attitude Services, The Flight Attitude’s “Privacy Policy” is incorporated into the Terms of Use.

14. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and The Flight Attitude regarding User’s relationship with The Flight Attitude and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. As used in these Terms of Use, “including” means “including, without limitation.”

15. Intellectual Property; Ownership

Customer understands and agrees that The Flight Attitude or, as applicable, its suppliers and licensors, own all right, title, and interest in and to the Confidential Information and the Services, including all copies thereof and the Services’ text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, as well as all copyright, trademark, and other intellectual property rights in or to the same (collectively, “Intellectual Property Rights”).  These Terms do not provide Customer with any title or ownership of any Intellectual Property Rights. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by The Flight Attitude to you under any patent, copyright, trademark, trade secret, or other intellectual property right of The Flight Attitude. Customer shall not remove, alter, modify or deface any copyright notice, trademark notice, other confidentiality or proprietary notices, logos, or names from the Services, including, but not limited to, those that identify The Flight Attitude or any other party as the source of origin of such Services, information or documentation. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to The Flight Attitude or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

16. Restrictions

Customer agrees to only access and use of the Services as expressly authorized in these Terms. Customer shall be responsible for complying with all local, state, and federal laws and regulations that apply to Customer’s access to or use of the Services. Customer specifically agrees not to (1) reverse engineer, decompile, disassemble, or derive the source code of any Service or any Confidential Information or any portion thereof; (2) copy, publish, license, rent, modify, or create derivative works of any Service;  (3) use the Service to infringe the patent, copyright, trademark, trade secret, or other intellectual property rights of any third party or any third-party rights of publicity or privacy; (4) use the Services to post, transmit, or propagate any virus, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming that may damage, interfere with, surreptitiously intercept, or expropriate any system or data; (5) use the Service in violation of any applicable law, statute, ordinance or regulation or for unlawful purposes; (6) gain or attempt to gain unpermitted access by any means to any The Flight Attitude computer system, network, or database; (7) file copyright, trademark, patent, or other intellectual property applications that include the Services or any portion thereof; (8) access, use, or copy any portion of the Services, including any of their content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms, or harvest or collect email addresses or other contact information of other users of The Flight Attitude’s services by electronic or other means; (9)  engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services for purposes of creating or compiling that content for any purpose other than your authorized use of the Services as permitted by these Terms; (10) provide inaccurate, incomplete, or out-of-date information via the Services, provide information via the Services to which you do not have sufficient rights or permissions to use or provide to The Flight Attitude, or commit fraud or falsify information in connection with your use of the Services; or (11) become directly or indirectly involved in any illegal or immoral activity, as solely determined by us.  The Flight Attitude reserves the right to take any action against Customer that The Flight Attitude deems appropriate, including without limitation by suspending or terminating access to the Services.

17. Data and Data Protection

The Flight Attitude may collect certain information from your use of the Services as described in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Services constitutes your consent to the information collection, use, and sharing as described in the Privacy Policy. For the avoidance of doubt, The Flight Attitude does not sell or rent any Data to any third party or marketers.

The Parties acknowledge that the Services may be used to process information regulated by privacy or data protection laws.  To the extent that any applicable privacy or data protection laws impose an obligation upon The Flight Attitude to comply with an individual’s request for access to or correction of their personally identifiable information, Customer agrees that it shall satisfy such obligations. The Flight Attitude shall implement and maintain organizational, physical, and electronic security measures and The Flight Attitude will comply with applicable data protection and privacy protection laws and regulations governing the collection, use, or disclosure of personally identifiable information.

18. Copyrighted Content Takedown Procedure 

In compliance with applicable U.S. copyright laws, Company follows a take-down procedure for purported copyright infringement. If you believe that you own a work that has been infringed in violation of U.S. copyright laws, please provide the following information to the Company Copyright Agent via email:

1. Relevant/applicable language in the email subject field;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the alleged infringing material is located on this website;
4. Your address, telephone number and email address;
5. A statement by you verifying your good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent or the law;
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest, as applicable; and
7. A statement by you, made under penalty of perjury, that all of the information provided in your notice is accurate and that you are the copyright owner or you are authorized to act on such owner’s behalf.

Company’s Copyright Agent can be contacted at the following address:

Email: cfi@theflightattitude.com

19. Miscellaneous

The Flight Attitude makes its Services available to any potential customer, except to any known terrorist organization; entities listed as banned by the US Department of Treasury Office of Foreign Assets Control (“OFAC”) database; entities banned by Financial Crimes Enforcement Network (“FINCEN”) (the US Department of Treasury’s Anti Money Laundering arm); entities listed on the US Commerce Departments Entity List of Table of Denial Orders; entities involved in any illegal or immoral activities and/or Hate Group(s) (as defined herein).  A Hate Group is defined as a social group that advocates and practices hatred, hostility, or violence towards members of a race; ethnicity; nation; religion; gender; gender identity; sexual orientation; or any other designated sector of society.

The Flight Attitude reserves the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Services and, by accessing or using the Services after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.

Governing Law; Fees and Expenses. The laws of the State of Utah, excluding its choice and conflicts of law provisions, shall govern this Agreement, and each Party irrevocably consents to the non-exclusive jurisdiction and venue of the federal and state courts located in the State of Utah.  If either Party brings an action against the other Party to enforce its rights under this Agreement, the prevailing Party shall be entitled to recover its reasonable costs and expenses incurred in connection with such action and all appeals of such action, including without limitation reasonable attorneys’ fees and costs.

Notices.  Any notices to be given hereunder to The Flight Attitude shall be made via email to the email address(es) given below.

cfi@theflightattitude.com

Any notices to be given to you shall be made via the email address associated with your Subscriber account.

Entire Agreement.  Except as otherwise expressly indicated herein, this Agreement, including any documents referenced herein, or other schedules, exhibits or addenda, all of which are hereby incorporated in full into this Agreement by reference, constitutes the complete agreement between the Parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter.  In the event of any conflict or inconsistency between the provisions of this Agreement and any addendum, schedule, or exhibit, the same shall be resolved by giving precedence to this Agreement unless a subsequent writing signed by both Parties expressly provides otherwise.