Blackbird Terms of Service

Last Updated: June 15, 2017

Welcome, and thank you for your interest in Blackbird Air Inc. (“Blackbird,” “we,” or “us”) and our charter flight booking service, website and applications (collectively, our “Service”). These Terms of Service are a legally binding contract between you and Blackbird regarding your use of the Service. If you agree to these Terms on behalf of an organization, then you represent and warrant that you have the authority to bind that organization to these Terms. In that case, the term “you” will refer to the organization.



PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT,” OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE BLACKBIRD PRIVACY POLICY (TOGETHER, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.



BLACKBIRD IS NOT AN FAA LICENSED OPERATOR OR A DIRECT OR INDIRECT AIR CARRIER. YOU AGREE THAT IF YOU BOOK A FLIGHT USING THE SERVICE, THEN (A) BLACKBIRD MAY ACT AS YOUR AGENT IN ARRANGING SUCH FLIGHT WITH AN INDEPENDENT, LICENSED AIR CARRIER, AND (B) BLACKBIRD’S LIABILITY TO YOU SHALL BE LIMITED AS SET FORTH IN SECTION 10.



These Terms provide that all disputes between you and Blackbird will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except with respect to matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 20 for the details regarding your agreement to arbitrate any disputes with Blackbird.

1. Blackbird Service Overview. The Service enables users to search and book flights offered by third-party transportation carriers (each a “Third-Party Provider”), matching users with pilots and aircraft flying to popular destinations. 

2. Eligibility. You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; (c) your registration and your use of the Service will not violate any law or regulation; and (d) if you are under the age of 18, that your parent or legal guardian has consented to your use of the Service and that you will only use the Service under the supervision of your parent or legal guardian. If you are a parent or legal guardian of a minor using the Service, you agree to be bound by these Terms in respect of such minor’s use of the Service.

3. Accounts and Registration

   3.1. Your Information. 
To use the Service, you must register an account. When you register an account or book a flight, you may be required to provide us with some information about yourself or the person on whose behalf you are booking the flight, such as a name, date of birth, photograph, information from government identification documents, certain vital information like weight and height, mailing address, email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
 
  3.2. Account Security. When you register an account, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@flyblackbird.com.

4. Licenses

   4.1. Limited License. Subject to your complete and ongoing compliance with these Terms, Blackbird grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (e.g., Apple Store or Google Play) on a mobile device that you own or control; and (b) access and use the Service.

   4.2.  License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

5. Reservations; Cancellations; Documentation

   5.1. Reservations. When you view or book a flight through the Service, you will be able to see a flight’s points of departure and arrival, as well as a date and time. You may also be able to see certain additional information about the flight, including pilot names and aircraft details. Any such additional information is provided for informational purposes only and is subject to change at any time without notice.

   5.2. Cancellations. We may occasionally cancel a booked flight due to circumstances beyond our control, examples of which are set forth in Section 18 and include governmental action or severe weather. If we cancel a booked flight, we will notify you promptly (via the Blackbird mobile app or to your then-current contact information listed in your account) and you will have the option to receive either a full refund or credit towards your next booking. You may also cancel a booked flight at any time and for any reason. We will notify you if your cancellation is eligible for a refund.

   5.3. Documentation. The Third-Party Provider with whom you have booked a flight will require you to possess and produce certain documents, including a valid government-issued photo identification, prior to embarking on such flight. If you are unable to produce such documents upon request by Blackbird or the Third-Party Provider, then you will not be permitted to embark and your reservation may be canceled without refund.

6. Payment. You will be required to pay fees if you book a flight using the Service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are refundable only as set forth in Section 4. You authorize Blackbird to charge such fees to the payment method you specify at the time of purchase. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account prior to your purchase. All payments are nonrefundable, except as set forth in Section 5.2.

7. Prohibited Conduct. YOU AGREE NOT TO:

   7.1. use the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation;

   7.2. violate any right of Blackbird or a third party, including by infringing or misappropriating any intellectual property right; 

   7.3. perform any fraudulent activity including (a) providing any false personal information to Blackbird, (b) creating a false identity or impersonating any other person in any way, (c) making a booking for the purpose of holding or blocking seats in order to obtain lower fares, or making any booking that is otherwise abusive, (d) claiming a false affiliation or (e) accessing any other Service account without permission; 

   7.4. copy, distribute, relist, display, mirror, frame or otherwise embed the Service, or any portion thereof, in or through any other application or website without first obtaining Blackbird’s express written consent;

   7.5. solicit personal information from other users of the Service;

   7.6. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; 

   7.7. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with, intruding into, or disrupting any network, equipment, or server connected to or used to provide the Service;

   7.8. sell or otherwise transfer (a) the access granted under these Terms, (b) any ticket you have booked using the Service, (c) any Materials (as defined in Section 15), or (d) any right or ability to view, access, or use any Materials; or

   7.9. attempt to do any of the acts described in this Section 7, or assist, encourage, permit, or request any third party to engage in any of the acts described in this Section 7.

8. Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by contacting us at support@flyblackbird.com. If you terminate your account, you remain obligated to pay any outstanding fees incurred prior to termination. If you violate any of these Terms at any time, then you no longer have our permission to use the Service, notwithstanding any permission granted elsewhere in these Terms. In addition, we may terminate your user account on the Service or suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service or any of its features at any time, temporarily or permanently, without notice. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

9. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND THE BLACKBIRD ENTITIES (AS DEFINED IN SECTION 11) DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE BLACKBIRD ENTITIES DO NOT PROVIDE TRANSPORTATION SERVICES AND ARE NOT AIR CARRIERS OR OPERATORS. IT IS THE RESPONSIBILITY OF THE APPLICABLE THIRD-PARTY PROVIDER OR AIRCRAFT OPERATOR TO OFFER THE TRANSPORTATION SERVICES THAT YOU SCHEDULE THROUGH THE SERVICE. THE SERVICE PROVIDES INFORMATION AND A MEANS OF OBTAINING TRANSPORTATION SERVICES FROM THIRD-PARTY PROVIDERS, BUT DOES NOT, AND IS NOT INTENDED TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. AS SET FORTH IN SECTION 10, THE BLACKBIRD ENTITIES HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.


THE BLACKBIRD ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE, INFORMATION, MATERIALS, OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLACKBIRD OR THE SERVICE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE BLACKBIRD ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS, AND NO AGENT OR EMPLOYEE OF BLACKBIRD IS AUTHORIZED TO MAKE ANY WARRANTY OR GUARANTEE EXCEPT AS SET FORTH IN THE TERMS OF THIS AGREEMENT. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR DEALING WITH ANY OTHER SERVICE USER OR YOUR USE OF OR ACCESS TO THE SERVICE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU USE AND ACCESS THE SERVICE, ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICE), OR LOSS OF DATA RESULTING FROM USE OF OR ACCESS TO THE SERVICE AND MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. 
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Limitation of Liability

   10.1. NO CONSEQUENTIAL DAMAGES. IN NO EVENT WILL THE BLACKBIRD ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) RELATED TO THIS AGREEMENT OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE BLACKBIRD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROVIDED IN SECTION 20.4(iii), THE AGGREGATE LIABILITY OF THE BLACKBIRD ENTITIES TO YOU FOR ALL MATTERS ARISING OUT OF THIS AGREEMENT OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO BLACKBIRD FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO CLAIMS; OR (B) $100. 

   10.2. THIRD-PARTY PROVIDER SERVICES. THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, HARMFUL, OR OTHERWISE UNSAFE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK. IN NO EVENT WILL THE BLACKBIRD ENTITIES BE LIABLE FOR ANY 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 SERVICES OF THIRD-PARTY PROVIDERS, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS. 

   10.3. EXCEPTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

   10.4. COMPLIANCE WITH LAWS AND REGULATIONS. BLACKBIRD MAY INTRODUCE YOU TO THIRD-PARTY PROVIDERS TO PROVIDE YOU WITH TRANSPORTATION SERVICES, BUT BLACKBIRD DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY PROVIDER. IN PARTICULAR, BLACKBIRD WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY PROVIDER’S FAILURE TO (1) MAINTAIN A CURRENT LICENSE AND/OR PERMIT, OR (2) OTHERWISE COMPLY WITH ALL APPLICABLE LAWS OR REGULATIONS. BLACKBIRD WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS RELATED TO DISPUTES, BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. RESPONSIBILITY FOR THE DECISIONS YOU MAKE WHEN YOU ENGAGE A THIRD-PARTY PROVIDER THROUGH THE SERVICE RESTS SOLELY WITH YOU.

   10.5. DISPUTES WITH THIRD PARTIES. ANY DISPUTE YOU HAVE WITH A THIRD-PARTY IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE BLACKBIRD ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 

   10.6. ALLOCATION OF RISK. THE PROVISIONS OF SECTION 9 AND THIS SECTION 10 ALLOCATE RISKS BETWEEN THE PARTIES, AND BLACKBIRD’S PRICING REFLECTS THIS ALLOCATION. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

11. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify Blackbird and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Blackbird Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your breach of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or violation of any applicable law or regulation; or (d) any dispute or issue between you and any third party, including any Third-Party Provider. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. 

12. Third-Party Services and Linked Websites. Blackbird may provide tools through the Service that enable you to export information to third party services, including features that allow you to link your account on the Service with an account on a third party service, such as Twitter or Facebook, or our implementation of third party buttons (such as “like” or “share” buttons). By using any of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Such websites are not under our control and we are not responsible for their content.

13. Privacy Policy; Additional Terms 

   13.1. Privacy Policy. Please read the Blackbird Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Blackbird Privacy Policy is incorporated by this reference into, and made a part of, these Terms. 

   13.2. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as rules that apply to a particular feature or content on the Service, subject to Section 14. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

   13.3.Special Terms for Seaplane Adventures. If you book a flight for which Seaplane Adventures/San Francisco Tours, Inc. (“SA”) is the Third-Party Provider, you agree to the terms set forth in this Section 13.3, which shall be deemed Additional Terms. You understand and expressly acknowledge that aircraft flight is a high-risk activity and that property loss, serious injury or death may occur. You voluntarily assume all risk, known and unknown, of injuries, however caused, even if caused in whole or in part by the action, inaction or negligence of SA and/or its officers, employees and agents to the fullest extent of the law. You hereby release and forever discharge and covenant not to sue SA or its officers, employees or agents, from all liability and responsibility, whether in tort, contract, strict liability or otherwise, suffered by you in connection with the flight you may take with SA for property damage and serious bodily injury or death, however caused. You agree to indemnify and hold harmless SA, its officers, employees and agents, from all claims, demands, actions and causes of action by any other person, including your heirs, executors, insurers, successors and assigns in consequence of any loss or damage suffered by you or your estate in connection with the aircraft tour you take with SA. The foregoing agreement specifically binds your estate and will inure to the benefit of SA, its employees, officers and agents. You direct that your estate hold SA, its officers, employees and agents harmless and indemnify and defend SA, its officers, employees and agents against any claim made by your heirs. 


14. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was effective at the time the dispute arose. 

15. Ownership; Proprietary Rights. The Service is owned and operated by Blackbird. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Blackbird are protected by intellectual property and other laws. All Materials are the property of Blackbird or our third-party licensors. Blackbird reserves all rights to the Materials not expressly granted in these Terms.

16. Feedback. If you choose to provide us with input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Blackbird a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

17. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Blackbird agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute.

18. Force Majeure. Blackbird shall not be liable for any default or delay in the performance of its obligations under these Terms to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.

19. General. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Blackbird regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2 and 4 through 21, along with the Privacy Policy and any Additional Terms, will survive.

20. Dispute Resolution and Arbitration

   20.1. Generally. In the interest of resolving disputes between you and Blackbird in the most expedient and cost effective manner, you and Blackbird agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BLACKBIRD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

   20.2. Exceptions. Despite the provisions of Section 20.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim. 

   20.3. Arbitrator. Any arbitration between you and Blackbird will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Blackbird.

   20.4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Blackbird's address for Notice is: Blackbird Air Inc., c/o The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Blackbird may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Blackbird must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Blackbird will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Blackbird in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

   20.5. Fees. If you commence arbitration in accordance with these Terms, Blackbird will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Blackbird for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

   20.6. No Class Actions. YOU AND BLACKBIRD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Blackbird agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

   20.7. Modifications to this Arbitration Provision. If Blackbird makes any future change to this arbitration provision, other than a change to Blackbird's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Blackbird's address for Notice, in which case your account with Blackbird will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

   20.8. Enforceability. If Section 20.6 is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.

21. Consent to Electronic Communications. By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. 

22. Contact Information. The Service is offered by Blackbird Air Inc., located at Blackbird Air Inc., c/o The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. You may contact us by sending correspondence to that address or by emailing us at support@flyblackbird.com. 

23. Notice Regarding Apple. To the extent that you use our mobile applications on an iOS device, the terms of this Section 23 apply. You acknowledge that these Terms are between you and Blackbird only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.