Terms and Conditions

Terms of Service

Last updated: January 20, 2023

THE BELOW IS FREEFALL LLC’S TERMS OF SERVICE (THESE “TERMS”) FOR USE OF ANY SKYDIVING AND OTHER SOFTWARE APPLICATIONS, MOBILE APPLICATIONS, AND/OR SKYDIVING INFORMATION AVAILABLE FOR USE BY AND THROUGH SKYDIVR.IO. PLEASE BEAR IN MIND THAT ALL SKYDIVING ACTIVITIES HAVE AN INHERENT AND SUBSTANTIAL RISK OF BODILY INJURY AND/OR DEATH. AS A RESULT, YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED BY AND THROUGH SKYDIVR.IO OR THE SKYDIVR APPLICATION IN LIEU OF INFORMATION AND/OR ADVICE PROVIDED BY A LICENSED SKYDIVING PROFESSIONAL (IN ADDITION, SKYDIVING PROFESSIONALS AND/OR SKYDIVING FACILITIES SHOULD NOT RELY ON THE INFORMATION PROVIDED BY AND THROUGH SKYDIVR.IO OR THE SKYDIVR APPLICATION IN LIEU OF THEIR OWN EQUIPMENT AND/OR THEIR OWN PERSONNEL) AND THAT NO APPLICATION, SERVICE, OR DEVICE CAN ACCURATELY SIMULATE ANY OR ALL OF THE RISKS ASSOCIATED WITH ANY SKYDIVING ACTIVITIES.

Freefall LLC’s Skydivr.io and SkydiVR application Terms of Use

Welcome to Freefall LLC’s Skydivr.io and/or SkydiVR application. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY FREEFALL LLC (“FREEFALL”, “US”, “WE”). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE ACCESSIBLE THROUGH THE WORLD WIDE WEB ADDRESS SKYDIVR.IO (THE “SITE”), THE SKYDIVR COMPUTER, MOBILE, AND OTHER APPLICATIONS (THE “APPLICATION”), AND THE SERVICES, FEATURES, CONTENT, OR WIDGETS OFFERED BY FREEFALL (COLLECTIVELY WITH THE SITE AND THE APPLICATION, THE “SERVICES”).

IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE THIS SITE, THE APPLICATION, AND/OR PURCHASE AND/OR USE FREEFALL'S PRODUCTS OR SERVICES.

Acceptance of Agreement

The terms “you,” “your,” “yours,” and “User” refer to you, the User of the Site, Application, and/or Services, in any capacity, including as an individual skydiver, and/or a licensed skydiving professional and/or licensed skydiving facility, including operators of skydiving transportation aircraft. By using the Site, Application and/or Services in any manner, including but not limited to visiting, browsing, or using any service offered through the Site or downloading the Application, are agreeing to comply with and be bound the terms and conditions of contained herein (“Terms of Use” or “Agreement”), which also incorporate Freefall’s Privacy Policy (“Privacy Policy”), accessible at http://www.skydivr.io/privacy-policy, whether or not you register as a user of the Application or Services. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Application, the Services, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. Your continued use of the Site, Application, or Services after any such changes constitutes your acceptance of the amendments to the Agreement. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site, Application, or Services. In addition, some services offered through the Site may be subject to additional terms and conditions specified by Freefall from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Eligibility

You must be 13 years of age or older to use the Site, Application, or Services. By using the Site, Application, or Services you represent that you are 13 or older, and that you will not permit a minor under the age of 13 to use the Site, Application, Services, your Third Party Platform (as hereinafter defined) account, or otherwise interact with the Site, Application, or Services. Freefall will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Freefall knows is under 13 years of age. If Freefall discovers that a user or visitor under 13 years of age has provided personally identifiable information or other content to the Site, Application, or Services, Freefall will delete such information or other content.

If you are between the ages of 13 and 18 you will need permission from a parent or guardian to use the Site, Application, Services. If you are between the ages of 13 and 18, you may utilize a Third Party Platform account established by your parent or legal guardian, with such parent or guardian’s approval. If you permit your child or legal ward between 13 and 18 years of age (a “Child”) to use the Site, Application, or Services, you hereby agree to these Terms on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Site, Application, or Services by your Child regardless of whether such use was authorized by you.

Freefall may, in its sole discretion, refuse to offer use of the Site, Application, and/or Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you and the right to access the Site, Application, and/or Services is revoked where this Agreement or use of the Site, Application, and/or Services is prohibited and, in such circumstances, you agree not to use or access the Site, Application, or Services in any way.

Freefall Content

The content, organization, graphics, design, compilation, code, magnetic translation, digital conversion and other matters related to the Site, Application, and Services (“Copyright Content”) are the property of Freefall or its licensors and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, Application, or Services, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site, Application, or Services. The posting of information or materials on the Site, Application, or Services does not constitute a waiver of any right in such information and materials.

We value hearing from our users, and are always interested in learning about ways we can improve the Services. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Freefall does not waive any rights to use similar or related feedback previously known to Freefall, or developed by its employees, or obtained from sources other than you.

FREEFALL, SKYDIVR.IO, SKYDIVR, and other Freefall graphics, logos, page headers, button icons, scripts, and service names are trademarks, or registered trademarks or trade dress of Freefall or its affiliates in the U.S. and/or other countries (“Trademark Content”). Freefall trademarks and trade dress may not be used in connection with any product or service that is not Freefall’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Freefall. All other trademarks not owned by Freefall or its affiliates that may appear on the Site, Application, or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Freefall or its affiliates.

Modifications to Site, Application, or Services

Freefall reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, Application, and/or Services, to alter the design, content, layout, copy, and functionality of the Site, Application, and/or Services (or any part thereof), with or without notice. You agree that Freefall shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, Application, and/or Services.

License and Site Access; Limited Right to Use

Subject to this Agreement and our policies, Freefall grants you a limited, non-exclusive, non-transferable, and revocable license to use the Site, Application, and Services. This license does not include any resale or commercial use (except as provided herein) of this Site, the Application, the Services, or their contents; any derivative use of the Site, the Application, the Services, or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise provided herein, the Site, the Application, or any portion of them may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Freefall. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Freefall and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Freefall’s name or trademarks without the express written consent of Freefall. Any unauthorized use terminates the permission or license granted by Freefall. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Site, Application, or Services. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Freefall so long as the link does not portray Freefall, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Freefall logo or other proprietary graphic or trademark as part of the link without express written permission.

Accuracy of User Information and Account Security

In consideration of your use of the Site, Application, and/or Services, and in the event the Site, Application, or a third party website or platform required to access the Application, including but not limited to www.oculus.com (each, a “Third Party Platform”), requests information of you, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site, Application, or Third Party Platform ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Freefall shall have no liability to you or any third party for any loss or damage arising from your account or your failure to comply with these requirements. You agree that even in the event the Site, Application, or any Third Party Platform does not request any Registration Data, the remainder of this Agreement shall remain in full effect.

Rules and Conduct

As a condition of use, you promise not to use the Site, Application, or Services for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site, Application, and Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations applicable to you, and if applicable, the rules of any third party providing the Application and/or Services to you with which Freefall has an agreement to provide such Application and/or Services (a “Freefall Partner”).

The following is a partial list of conduct policies for users of the Site, Application, and Services. Freefall reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, terminating the User account of such violators or blocking the use of the Site and/or Application by such violators. By using the Site, Application, and/or Services, you represent and warrant that you shall not (directly or indirectly):

modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Site, Application, or Services except as expressly authorized by Freefall;
take any action that imposes or may impose (as determined by Freefall in its sole discretion) an unreasonable or disproportionately large load on Freefall’s (or its third party providers') infrastructure;
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Service, except to the limited extent applicable laws specifically prohibit such restriction;
interfere or attempt to interfere with the proper working of the Site, Application, Services, or any activities conducted on the Site or Application;
bypass any measures Freefall may use to prevent or restrict access to the Site, Application, or Services (or other accounts, computer systems or networks connected to the Site, Application, or Services);
run any form of auto-responder or "spam" on the Site;
use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
harvest or scrape any content or materials from the Site, Application, or Services;
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
otherwise take any action in violation of Freefall’s guidelines and policies.

Your Interactions with Other Users

FREEFALL DOES NOT SCREEN ITS USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. FREEFALL STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE MEETING OR SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THE APPLICATION AND/OR SERVICES. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate outside of the Application or Services or meet in person.

In no event shall Freefall, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, Application, or Services including, without limitation, death, bodily injury, property damage, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Application or Services.

Third Party Sites and Content and Data

Freefall or its Freefall Partners or other business partners may present advertisements or promotional materials via the Site, Application, and/or Services. Your dealings with, or participation in promotions of any third-party advertisers via the Site, Application, and/or Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Freefall is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Site, Application, and/or Services.

The Site, Application, and/or Services may contain (or you may receive from Freefall or third parties) links to other web sites (“Third Party Sites”) or content or data posted, owned or originating from third parties such as, by way of example only, weather data, weather information, meteorological information, maps, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”). You understand and agree that Freefall is not responsible for, and does not control, such Third Party Sites and Third Party Content. You also understand and agree that Freefall is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content. You further acknowledge and agree that Freefall shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through ANY such Third Party Site or Third Party Content.

Skydiving Disclaimer

The information on the Site, Application, and Services is presented as an informational service by Freefall. Although Freefall makes every effort to present accurate, reliable information to Site, Application, and Services users, the information found there is not intended to substitute for professional advice.

YOU SPECIFICALLY ACKNOWLEDGE THAT FREEFALL IS NOT PROVIDING PROFESSIONAL, TECHNICAL, OR OTHERWISE SANCTIONED OR LICENSED SKYDIVING ADVICE TO USERS OR TO ANYONE ELSE AND THAT NEITHER FREEFALL NOR THE SITE, APPLICATION, OR SERVICES ARE A SANCTIONED OR LICENSED SKYDIVING FACILITY OR OUTFIT. IT IS THE RESPONSIBILITY OF ANYONE WHO SKYDIVES TO HAVE A THOROUGH UNDERSTANDING OF THE NECESSARY PRECAUTIONS, ACTIONS AND PROCEDURES, AND OF THE RISKS INVOLVED IN THIS ACTIVITY. EACH SKYDIVER HAS THE RESPONSIBILITY TO EXERCISE CERTAIN PRACTICES AND PERFORM CERTAIN ACTIONS TO MAINTAIN SAFETY FOR HIMSELF OR HERSELF AND FOR OTHER PEOPLE, INCLUDING BUT NOT LIMITED TO RECEIVING PROPER TRAINING, USING PROPER EQUIPMENT, RELYING ON TRAINED AND LICENSED PERSONNEL AND FACILITIES, ETC. USE OF THE SITE, APPLICATION, OR SERVICES IS NOT A SUBSTITUTE FOR RECEIVING PROPER TRAINING BY A LICENSED PROFESSIONAL AND SHOULD NOT BE RELIED UPON AS SUCH. IF YOU HAVE QUESTIONS OR CONCERNS REGARDING SPECIFIC DETAILS, WE STRONGLY RECOMMEND YOU CONTACT A QUALIFIED PROFESSIONAL. IF YOU ARE A LICENSED SKYDIVING FACILITY AND/OR PROFESSIONAL, YOU SPECIFICALLY ACKNOWLEDGE THAT FREEFALL IS NOT PROVIDING SANCTIONED OR LICENSED SKYDIVING OR AIRCRAFT POSITIONING ADVICE. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, FREEFALL, ITS THIRD PARTY PROVIDERS, AND ANY FREEFALL PARTNER DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA THE SITE, APPLICATION, OR SERVICES.

General Disclaimers; Limitation of Liability

Freefall is not responsible for any Third Party Platforms, Third Party Sites or Third Party Content on the Site, Application, or Services, whether caused by Freefall, third parties, or by any of the equipment or programming associated with or utilized in the Site, Application, and/or Services. Freefall is not responsible for the conduct, whether online or offline, of any Freefall Partner or user of the Site, Application, or Services. Freefall is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site, Application, or Services, including injury or damage to users or to any other person's computer or mobile device related to or resulting from participating or downloading materials in connection with the Internet, the World Wide Web and/or in connection with the Site, Application, or Services. Under no circumstances will Freefall or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site, Application, or Services, any content posted on the Site, Application, or Services or transmitted to users, or any interactions between users of the Site, Application, or Services, whether online or offline.

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE, APPLICATION, AND/OR SERVICES IS AT YOUR OWN RISK. THE SITE, APPLICATION, AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE, APPLICATION, OR SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE CERTAIN RISKS IN USING VIRTUAL REALITY DEVICES AND PROGRAMS, INCLUDING BUT NOT LIMITED TO FEELINGS OF NAUSEA, DIZZINESS, AND DISORIENTATION. YOU SHOULD NOT USE THE APPLICATION IF YOU ARE PREGNANT, ELDERLY, HAVE PSYCHIATRIC DISORDERS, SUFFER FROM A HEART CONDITION OR OTHER SERIOUS CONDITION, OR HAVE PRE-EXISTING BINOCULAR VISION ABNORMALITIES WITHOUT CONSULTING YOUR DOCTOR FIRST. FREEFALL STRONGLY RECOMMENDS SITTING DOWN WHILE USING THE APPLICATION AND SERVICES IN ORDER TO AVOID HURTING YOURSELF OR OTHERS. IN NO EVENT WILL FREEFALL OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR (A) USE OF ANY VIRTUAL REALITY DEVICE OR EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY RESULTING PROPERTY DAMAGE OR BODILY HARM, OR (B) USE OF THE SITE, APPLICATION, OR SERVICES, INCLUDING ANY INFORMATION CONTAINED THEREIN.

IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND ANY FREEFALL PARTNER ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, PROPERTY DAMAGE, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE, THE APPLICATION, AND THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, APPLICATION, OR SERVICES, OR IF APPLICABLE FROM ANY FREEFALL PARTNER, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FREEFALL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES AND USE OF THE SITE AND APPLICATION, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE USE OF THE SITE, APPLICATION, AND/OR SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

Indemnification

You agree to indemnify, defend, and hold harmless Freefall, any applicable Freefall Partner, and their respective contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Site, the Application, and/or Services, (2) any Third Party Platform, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.

International Users

This Site, Application, and Services are controlled, operated, and administered by Freefall from its offices within the United States of America. Freefall makes no representation that materials on the Site, Application, and/or Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site, Application, or Services are illegal is prohibited. You may not use the Site, Application, Services or export their content or products in violation of U.S. export laws and regulations. If you access the Site, Application, or Services from a location outside of the United States, you are responsible for compliance with all local laws.

The Application and other Services provided by Freefall may be subject to United States export controls. Thus, the Application and any other software comprising the Services may not be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading the Application or any other software or applications related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Termination

Freefall may terminate your use of the Site, the Application, and/or Services and prohibit you from accessing the Site, the Application, and/or Services for any reason, or no reason, at any time within its sole discretion, and with or without notice.

General Representation and Warranty

You represent and warrant that your use of the Site, Application, and Services will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, and the rules of any applicable Freefall Partner.

Applicable Law and Venue

The laws of the State of New York will govern this Agreement, as well as any claim, cause of action or dispute that might arise between you and Freefall (a "Claim"), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within New York. The Site, Application, and Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

For any dispute you have with Freefall, you agree to first contact us and attempt to resolve the dispute with us informally. You agree that, if Freefall has not been able to resolve the dispute with you informally, to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding arbitration by except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this paragraph shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site, Application, or Services. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FREEFALL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You agree that any claim you may have arising out of or related to your relationship with Freefall must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

Miscellaneous

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Freefall may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.