Version Date: September 02, 2017
HangarTonight.com, along with its associated website and mobile content ("Website"), is owned and operated by Flight Level 500, Inc. ("Hangar Tonight"). Hangar Tonight is a booking service that allows users to list, find, and rent airplane Hangar space ("Services"). Hangar Tonight makes these Services available through this Website and subject to these terms and conditions ("Agreement"). Please take the time to review this Agreement in full as it controls and governs your relationship with Hangar Tonight and your use of the Services.
BY USING THE WEBSITE, YOU AGREE AND MANIFEST YOUR ASSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND YOU ARE REQUIRED TO READ ALL SECTIONS OF THIS AGREEMENT, INCLUDING THOSE RELATING TO ARBITRATION AND YOUR WAIVER OF CLASS ACTION RIGHTS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE AND DELETE ANY ACCOUNT THAT YOU MAY HAVE CREATED WITH THE WEBSITE. Hangar Tonight RESERVES THE RIGHT TO AMEND, MODIFY, REPLACE, OR SUSPEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEBSITE AFTER HANGAR TONIGHT AMENDS, MODIFIES, OR REPLACES THESE TERMS CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE AMENDED, MODIFIED, OR REPLACED TERMS. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS WEBSITE.
1. User Warranties
You warrant that you are age eighteen (18) or over, or that you are of the age of majority within your jurisdiction. You further warrant that you are of sound mind, have the capacity to contract, and are competent to agree to be bound by and comply with the terms of this Agreement. You warrant that your use of the Website and Services does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals located in the jurisdiction in which you live. You warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting Agreement. If you are accessing the Website or using the Services on behalf of a governmental organization, non-governmental organization, or business entity, you warrant that you are an authorized agent that has the authority to and can bind said governmental organization, non-governmental organization, or business entity to the terms of this Agreement.
3. Ownership of Intellectual Property
Hangar Tonight is the owner of all rights in and to the Website, Services, and associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights. The Website is subject to copyright and other intellectual property rights, and Hangar Tonight provides you with the right to use the Website on a limited basis and subject to the terms of this Agreement. You are expressly prohibited from using the Website for any purposes not stated in this Agreement.
Hangar Tonight is the owner of the Hangar Tonight mark, which is a registered or common law trademark, design mark, and trade name of Hangar Tonight. Hangar Tonight is also the owner of all rights in and to the visual appearance, shape, color scheme, selection and arrangement, layout, and look and feel of the Website, which constitutes the trade dress of Hangar Tonight. You are prohibited from using Hangar Tonight's trademarks, service marks, design marks, logos, trade dress, or trade names, or any colorable imitation thereof, whether on a website, on a product or service, in a domain name, in pay-per-click advertising, or otherwise, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services. All other trademarks, service marks, design marks, logos, trade dress, or trade names displayed on the Website are the property of their respective owners.
Hangar Tonight hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Hangar Tonight.
4. Overview of the Services Provided
Hangar Tonight permits its Members and Hosts to create Listings for their Properties for Reservations by Pilots. To understand this process, it is important to understand the definition of certain terms:
"Booking" means a Reservation Request that has been confirmed and accepted by the Host.
"Booking Fee" means the price a Pilot pays to the Host for a Booking.
"Host" means a Member who creates a Listing through the Website or Services.
"Host Booking Fee" means the fee Hangar Tonight charges for its Services provided to a Host that completes a Booking with a Pilot. This fee is subject to change at Hangar Tonight's sole and absolute discretion.
"Pilot" means a Member that requests a Reservation from a Host.
"Listing" means a Property that is made available through the Website or Services that is listed by a Host that is available for a Reservation.
"Member" means a user of the Website or Services that has created an account with Hangar Tonight.
"Membership Fee" means the fee Hangar Tonight charges a Host for a subscription to the Website and/or Services.
"Property" means an airplane hangar designated and available for the storage of an airplane and owned or under the control of the Host.
"Reservation" means a limited license from the Host to the Pilot to enter and use the Property and Listing consistent with the Listing's terms and conditions.
"Reservation Price" means the amount of money due to the Host from the Pilot in exchange for the Pilot's Reservation and use of the Property.
"Reservation Request" means a Pilot's request for a Booking to a Host.
"Reservation Request Period" is the period of time in which the Host may review, accept, or reject a Pilot's Reservation Request.
Hangar Tonight is a service provider and offers its technologies and services to match Hosts and Pilots to make efficient use of Properties. But Hangar Tonight is NOT an owner or operator of the Properties and is NOT renting, leasing, selling, or otherwise conveying any property interest in any Property whatsoever. Instead, Hangar Tonight's role is limited to providing the Website and Services. You understand and agree that Hangar Tonight is not sponsoring, recommending, or endorsing the Properties or the details of any Listing.
Hangar Tonight DOES NOT CONTROL THE CONTENT IN THE LISTINGS AND DOES NOT INDEPENDENTLY VERIFY THE STATEMENTS, PICTURES, CONDITION, SUITABILITY, OR OTHER INFORMATION CONTAINED WITHIN A LISTING. Hangar Tonight IS NOT RESPONSIBLE FOR ANY LIABILITY RELATED IN ANY WAY TO PROPERTIES, LISTINGS, OR RESERVATIONS AND EACH MEMBER, HOST, OR PILOT EXPRESSLY AGREES TO PROCEED AT THEIR OWN RISKS.
Hangar Tonight IS NOT A LICENSED REAL ESTATE AGENT, BROKER, SALESPERSON, LANDLORD, OR ANY OTHER ROLE RELATING TO THE SALE OR CONVEYANCE OF A PROPERTY INTEREST IN REAL PROPERTY.
ANY DISPUTES REGARDING USE OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO CONDITION OF THE PROPERTY, SUITABILITY OF THE PROPERTY, CONDITIONS ON THE PROPERTY, OR ANY AND ALL CLAIMS FOR ANY INJURIES OF ANY KIND RELATED TO USE OF THE PROPERTY IN ANY MANNER WHATSOEVER ARE SOLELY BETWEEN THE HOST AND THE PILOT AND DO NOT INVOLVE Hangar Tonight.
5. Property Listings
To be available for Bookings through the Website, the Host will have the opportunity to include details about the Property, including its features, pricing, suitability, and other factors in a Listing. Further, the Host will be permitted to state additional Property rules, regulations, restrictions, and conditions regarding the use and Reservation of the Property. Hosts understand and agree the information they provide regarding the Listing, including the Listing's address, will be made public and will be viewable to Website visitors, even those visitors that are not Members.
Hosts are permitted to submit Listings for Reservations through the Website and Services. Members that submit Listings warrant and represent the information provided about the Property: (1) true and accurate; (2) not in violation of any rights of third-parties or contractual rights; (3) not in violation of any local, state, or federal law, including zoning ordinances, FAA regulations, or other requirements; (4) carries any and all required local, state, or federal permits that are required; and (5) is owned or under control of the Host. Hosts are solely responsible for all information contained within a Listing.
Hangar Tonight reserves the right to reject or remove any Listing in its sole and absolute discretion for any reason or no reason whatsoever.
Hosts understand and agree the Listing Price submitted with the Listing must be honored and Hosts are prohibited from requiring a Pilot to pay more than the Listing Price. Hosts are also prohibited from charging less than the Listing Price for Bookings that were not made through the Website or Services. If the Host and the Pilot agree to any terms not included in this Agreement, those terms are subject to an agreement between Host and Pilot and does not include Hangar Tonight as a party to the Agreement.
Hosts understand and agree Hangar Tonight does not provide Host or any Member with insurance of any sort. Hosts are strongly encouraged to obtain the appropriate insurance on any Property subject of a listing through the Website or Services.
6. Reservation Requests
Pilots may request a Reservation from the Host of a Listing for the Property. By making this request, Pilot agrees and understands his or her personal information submitted to the Website, including its Member Account information, may be disclosed to the Host. Hosts are permitted to review the Pilot's information and accept or reject the Reservation Request.
Hangar Tonight does not pre-screen Pilots that make Reservation Requests and takes no responsibility whatsoever for the Pilots that book a Reservation with a Host's Property. Further, Hangar Tonight is not responsible for any content within a Listing or the Host's compliance with any local, state, or federal laws, including but not limited to specific regulations regarding airplanes or airplane storage.
7. Accepted Reservation and Payment of Reservation Price
If the Host accepts a Reservation Request, the Pilot will be prompted to remit payment of the full Reservation Price. Upon full payment, the Pilot will be provided the Host's contact information, key or other access information, and other information regarding the Property.
8. Obligations of the Pilot
By making a Reservation request, Pilot understands and agrees: (1) Pilot will obey all local, state, and federal laws, including laws and regulations specific to the ownership, operation, and storage of an airplane; (2) Pilot possesses all required licensing and training necessary to legally and safely operate, land, and store an airplane; (3) to always use best practices regarding the safe handling of an airplane; (4) to respect the Host's property and cause no damage, harm, destruction, or litter to the property; (5) to not overstay the Reservation period and to vacate the premises as required in the Listing; and (6) Pilot acquires no property interest in the Property whatsoever. Further, Pilot understands and agrees Pilot is solely responsible for any and all actions taken on the Property.
9. Payment Terms
To submit a Listing to the Website, all Hosts must pay a Membership Fee. Hosts agree to pay Hangar Tonight the Membership Fee using their selected payment method. Membership Fees may be charged as recurring charges, and Hosts hereby affirmatively consent to Hangar Tonight charging their payment method on a recurring basis, without requiring prior approval from Hosts for each recurring charge until such time as Hosts cancel their Membership.
To complete a Booking, Pilot will be prompted to pay the Booking Fee and any applicable sales tax. Hangar Tonight will collect and retain the Pilot Booking Fee, collect and remit any applicable sales tax, and collect and remit the Booking Fee to the Host, less the Host Booking Fee which will be retained by Hangar Tonight. Pilots agree that they will use the Service for their entire stay at the Property and not negotiate a "direct deal" or otherwise attempt to circumvent Hangar Tonight's Booking Fee. Pilots agree that they will continue to use Hangar Tonight for all future Bookings at a Property for any Property that was introduced to a Pilot by Hangar Tonight and that resulted in a prior Booking.
All payments for Services offered through the Website, including but not limited to all Booking Fees and Pilot Booking Fees, are non-refundable. You hereby authorize Hangar Tonight's payment processing agent to charge your credit card (or other approved payment facility). You represent and warrant that the credit card information that you have supplied to Hangar Tonight is correct, true, and complete. You further agree to pay all fees and charges on time, including any and all recurring payments, and Hangar Tonight may terminate or disable your access to Website and Services the if you fail to pay any amount owed to Hangar Tonight when due. You agree that you will pay all costs of collection, including legal fees, incurred by Hangar Tonight in collecting any amount that you owe to Hangar Tonight.
Pursuant to various state and federal laws, Hangar Tonight may be required to address taxes in connection with the Services, including but not limited to collecting taxes from Booking Fees. Further, Hangar Tonight may collect IRS Form W-9 information and other tax related information from Hosts, depending on location and relevant laws. Hangar Tonight is not responsible for determining the correct amount of taxes you may owe and this is your sole responsibility.
All Bookings, Booking Fees, Pilot Booking Fees, and Host Booking fees are non-refundable.
12. User Generated Content
Hangar Tonight may provide Members with the ability to upload or transmit user-generated content to or through the Website, including, but not limited to, photographs, images, text, comments, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively "User-Generated Content"). Except as otherwise provided herein, Members own all rights in and to their User-Generated Content. By submitting User-Generated Content to the Website, Members grant Hangar Tonight a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use the User-Generated Content for the customary and intended purposes of the Website and Services. These purposes may include, but are not limited to, providing you or third parties with the Website or Services and archiving or making backups of the Website. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content.
By submitting User-Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted. You warrant that any User-Generated Content that you submit will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violation any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. Though Hangar Tonight undertakes commercially reasonable efforts to ensure that communications through the Website are secure, Hangar Tonight makes no guarantee or warranty that your use of the Website or Services will be secure. You acknowledge and agree that all messages or content posted or transmitted by you through the Website or Services will be deemed to be readily accessible to the general public, and consequently should not be considered private, confidential, or proprietary. Consequently, you should not use the Website or Services for any communication that you intend only you and the intended recipient(s) to read.
13. Restrictions on Use of the Website and Services
You are expressly prohibited from making any use of the Website or Services outside of those uses explicitly stated under the terms of this Agreement. You explicitly agree not to reproduce, prepare derivative works of, distribute, perform publicly, display publicly, scrape, frame, hack, reverse engineer, crawl, or aggregate the Website, whether in whole or in part, without the prior written consent of Hangar Tonight. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with Hangar Tonight's robots.txt file. The following is a non-exhaustive list of prohibited conduct, which shall be determined in Hangar Tonight's sole discretion:
-Transmitting unsolicited commercial email messages through the Website or to users of the Website;
-Imposing a disproportionate load on the Website or its server infrastructure, or otherwise attempting to interfere with the operation of the Website;
-Circumventing Hangar Tonight's technological or security protection mechanisms;
-Using a robot, spider, scraper, or other automated technology to access the Website;
-Attempting to gain access to the private data or personal information of a user or the Website or a third party;
-Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
-Harassing a user of the Website;
-Harassing a third party through your use of the Website;
-Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
-Posting or transmitting content that infringes upon the intellectual property rights of other uses of the Website or third parties; or
-Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter.
You understand that Hangar Tonight does not perform any background checks on its users, visitors, or Members, whether criminal or otherwise. You are responsible for investigating the background of any Member that you interact with through the Website or Services.
14. Member Accounts
Hangar Tonight requires you to register an account ("Account") to become a Member to use additional areas of the Website, including the ability to post a Listing or make a Reservation Request. You may only use your Account, and you are expressly prohibited from providing additional parties with access to your Account. You agree that, in registering an Account, you will provide Hangar Tonight with accurate, complete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password, and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to Hangar Tonight. By creating an Account, you agree that Hangar Tonight may contact you by any available means, including, but not limited to, email.
15. Responsibilities of Hosts
After created a Member Account, a Host may create a Listing for its Property that makes its Property available for Booking by a Pilot for 1-29 days. Hosts warrant and agree that they will not post marketing material within their Listings and that all information provided within their Listings are true, correct, current, and complete. Hosts warrant and agree that they will respond to all Reservation Requests within four (4) hours. Hosts are responsible for ensuring that there is adequate space to house any aircraft at the Property subject to a Reservation Request before confirming the Reservation. HOSTS WARRANT AND AGREE THAT, IF THEY ACCEPT A RESERVATION REQUEST AND THE PROPERTY IS EITHER NOT AVAILABLE OR NOT THE APPROPRIATE SIZE FOR THE AIRCRACT, THE HOST WILL REFUND THE PILOT 200% OF THEIR BOOKING FEE ("REFUND REQUIREMENT"). Hangar Tonight RESERVES THE RIGHT TO PLACE A HOLD ON A HOST'S PAYMENT METHOD FOR UP TO 200% OF THE BOOKING FEE TO ENSURE THAT FUNDS ARE AVAILABLE TO MEET THIS REFUND REQUIREMENT.
Hosts warrant and agree that they will take appropriate security measures to keep all aircraft and aircraft users, including, but not limited to, Pilots, safe while in the Hosts Property. Hosts will maintain a professional and safe environment for all Pilots. HOSTS AGREE THAT THEY WILL NOT OFFER OR ACCEPT PAYMENT FOR THE PROPERTY FOR AN AMOUNT LESS THAN THE AMOUNT LISTED ON THE WEBSITE OR IN THE SERVICE. IN THE EVENT A HOST OFFERS THE PROPERTY FOR AN AMOUNT LESS THAN THE AMOUNT LISTED ON THE WEBSITE, HOST WILL STILL PAY Hangar Tonight A 7.5% TRANSACTION FEE.
Hosts agree to treat as confidential, and to not use, copy, or disclose to any third party, any Pilot information except for the purposes of making the Property available for the use of the Pilot. Hosts warrant and agree that they will maintain all property insurance required to store aircraft not owned by Host, including, but not limited to, Hangar Keepers insurance, general commercial liability insurance, and worker's compensation insurance with limits sufficient to cover loss of aircraft, damage to property, and personal injury.
16. Communication With You
By submitting your contact information to the Website, including registering an Account, you agree that Hangar Tonight may contact you at the contact information that you have provided to Hangar Tonight, including, but not limited to, through e-mail or telephone. You understand and agree that you may opt out of future correspondence from Hangar Tonight by either clicking the unsubscribe link within the e-mail sent to you by Hangar Tonight, or by terminating your Account.
17. Hangar Tonight As Service Provider
You understand and agree that Hangar Tonight provides the Website and Services as a service and takes no responsibility and cannot be held liable or responsible for any communication or conduct of users of the Website, whether through Accounts or otherwise. You acknowledge that Hangar Tonight is considered a computer service provider under Section 230 of the Communications Decency Act and, though Hangar Tonight may edit, remove, or control the content displayed through the Website, you agree that Hangar Tonight will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the Website or otherwise.
18. Third Party Links
19. Copyright Policy
The Website and its associated content and services are ©2017 Flight Level 500, Inc.
If you believe that a user of the Website has infringed upon your copyright rights, you may provide Hangar Tonight a notice of copyright infringement that complies with section 512 of the Digital Millennium Copyright Act.
Upon receipt of a notice that complies with this section, Hangar Tonight will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
This notice of copyright infringement must contain the following:
-The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
-Identification of the copyrighted work(s) alleged to have been infringed;
-The location of the copyrighted work(s) on the Website;
-Your contact information, such as an address, telephone, fax number, or email address;
-A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
-A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
-Identification of the specific materials that have been removed from the Website;
-Your contact information, such as an address, telephone, fax number, or email address;
-A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
-A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which Hangar Tonight is located;
-A statement that you will accept service of process from the notifying party; and
-Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications must be submitted to Hangar Tonight at copyright@HangarTonight.com
20. Term and Termination
This Agreement will remain in full force and effect until terminated under the terms of this Agreement. Your termination of your Account will not terminate any obligation that you may have to make payment to Hangar Tonight for amounts due and owing. Hangar Tonight may terminate this Agreement without liability at any time, without notice, and for any reason, including, but not limited to, for your violation of a term or condition of this Agreement.
21. Disclaimer of Warranties
Hangar Tonight PROVIDES THE WEBSITE AND SERVICES ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
22. Limitation of Liability
Hangar Tonight WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF Hangar Tonight HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Hangar Tonight WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE. Hangar Tonight IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. Hangar Tonight RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.
Hangar Tonight DOES NOT AND CANNOT GUARANTEE 100% UPTIME OF THE WEBSITE AND YOU AGREE Hangar Tonight IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH ANY INTERRUPTION OF SERVICES PROVIDED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY INTERRUPTION OF USE OF THE WEBSITE.
Members, Hosts, Pilots, and any other person or entity using the Website, Services, Property, or Reservation agree to hold harmless, indemnify, and defend Hangar Tonight, its officers, directors, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, either directly or indirectly, that arise out of or are related to your use of the Website or the Services, including all claims arising from a Listing, Reservation, or use of Property, your registration or use of an Account, your violation of any term or condition of this Agreement, or your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Hangar Tonight under the terms of this Agreement will not provide you with the right to control Hangar Tonight's defense, and Hangar Tonight reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend Hangar Tonight.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Hangar Tonight may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
25. Resolution of Disputes and Governing Law
This Agreement will be governed by and interpreted in accordance with the laws of the State of Colorado, without regard to the conflicts of laws rules thereof.
YOU THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES YOU BRING AGAINST Hangar Tonight ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN EL PASO, COUNTY, COLORADO AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF COLORADO AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS' FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY'S REASONABLE ATTORNEYS' FEES. YOU AND Hangar Tonight AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND HANGAR TONIGHT AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF COLORADO IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND Hangar Tonight HEREBY AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL AND SUBJECT MATTER JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Hangar Tonight reserves the right to bring any claims against any users of its Services in the state or federal courts located in El Paso County, Colorado or to bring the same in accordance with the Arbitration provision above.
YOU EXPRESSLY AGREE TO BE SUBJECT TO THE EXCLUSIVE PERSONAL JURISDICTION IN THE STATE AND FEDERAL COURTS OF EL PASO COUNTY, COLORADO AND WAIVE ANY AND ALL CLAIMS WHICH MAY INVOLVE JURISDICTION OR VENUE, INCLUDING BUT NOT LIMITED TO FORUM NON CONVIENS.
Notwithstanding the foregoing, all parties subject to this Agreement retain the right to file any claim that is not a class action and which is properly within the limited jurisdiction of a small claims court within small claims court.
You understand and agree that you are explicitly waiving your rights to participate as a class representative or a class member in any class action lawsuit or arbitration proceeding arising out of or in relation to this Agreement. You also explicitly waive any right to assert consolidated claim with respect to any lawsuit or arbitration proceeding that may arise out of or in relation to this Agreement.
Hangar Tonight's liability under the terms of this Agreement shall not exceed $1,000. You agree that that the arbitrator of any claim or dispute arising out of or in relation to this Agreement will be prohibited from granting consequential, special, indirect, incidental, punitive, or exemplary damages against Hangar Tonight.
ALL PARTIES TO THIS AGREEMENT UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE AND EXPLICITLY WAIVE ANY AND ALL OTHER STATUTE OF LIMITATIONS OR TIME BARS.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
This Agreement, and its incorporated Privacy and Copyright policies, constitutes the entire agreement between the parties with respect to the use of the Website and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Hangar Tonight.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
29. Reservation of Rights
All rights not expressly granted herein are reserved to Hangar Tonight, including the right to suspend or refuse to provide services to Users, Members, Hosts, Pilots, or visitors to the Website in Hangar Tonight's sole and absolute discretion.