Blackbird Terms of Service

Last updated 07/25/18

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 SIGNING UP, SIGNING IN, 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 PART 135 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 info@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 cancelation 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 info@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.

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 info@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.

Promotions and Referral Programs

Blackbird,
at its sole discretion, may make available promotions with different features
to any Users or prospective Users. These promotions, unless made to you, shall
have no bearing whatsoever on your Agreement or relationship with Blackbird. Blackbird
reserves the right to withhold or deduct credits or benefits obtained through a
promotion in the event that Blackbird determines or believes that the
redemption of the promotion or receipt of the credit or benefit was in error,
fraudulent, illegal, or in violation of the applicable promotion terms or this
Agreement. Promotions sent by email and other mediums are valid for the original intended recipient only.

As
part of your User account, Blackbird may provide you with or allow you to
create a “Blackbird Code,” a unique alphanumeric code for you to distribute to
your friends and family (each a “Referred User”) to become new Blackbird
Customers (“Referred Customers”) or Pilots (“Referred Pilots”). Blackbird Codes
may only be distributed for promotional purposes and must be given away free of
charge. You may not sell, trade, or barter your Blackbird Code. You are
prohibited from advertising Blackbird Codes in any way, including through any
of the following: Google, Facebook, Twitter, Bing and Craigslist. Blackbird
reserves the right to deactivate or invalidate any Blackbird Code at any time
in Blackbird’s sole discretion.

From
time to time, Blackbird may offer you with incentives to refer your friends and
family to become new Users of the Blackbird Platform (the “Referral Program”).
These incentives may come in the form of Blackbird Credits, and Blackbird may
set or change the incentive types, amounts, terms, restrictions, and
qualification requirements for any incentives in its sole discretion. Your
distribution of Blackbird Codes and participation in the Referral Program is
subject to this Agreement and the additional Referral Program rules.

These Blackbird Referral Program Rules (“Program Rules”) govern your
participation in the Blackbird Referral Program. The Program Rules are in
addition to any agreements between you and Blackbird, including the Blackbird
Terms of Service, as applicable (collectively, the “Blackbird Terms”). The Blackbird
Terms are incorporated by reference and shall apply to your participation in
the Blackbird Referral Program, including, if necessary, to resolve any
disputes between you and Blackbird related to or arising out of the Referral
Program.

Program
Overview

The Blackbird Referral Program (“Referral Program”) is offered by Blackbird,
Inc. and its affiliates (together referred to as “Blackbird”) and provides
Users who are interested in referring their family and friends (“Referrers”)
the opportunity to refer eligible individuals to join the Blackbird community
as new Customers or Pilots. These Program Rules apply to both referrers and
referred Users, so please read carefully to understand your respective rights
and obligations.

Referrer
Eligibility

To be eligible to participate in the Referral Program as a referrer, you
must (a) be a legal resident of your country; (b) be the age of majority in
your territory of residence; and (c) maintain a Blackbird account in good
standing. Referrers may be Pilots or Customers or Local Partners. A single
person may use the Blackbird Platform in several ways (for example, as a Customer
and Pilot). However, if you violate the Referral Program Rules or any
applicable Terms of Service, Blackbird may suspend or terminate your ability to
participate in the Referral Program under any or all of your accounts. For
example, if you are a Customer and Pilot and you engage in prohibited referral
activity under your Pilot account, Blackbird may terminate your ability to
participate in the Referral Program under all of your Blackbird accounts.

Blackbird
Codes

Under the Referral Program, Blackbird may provide you with a unique
alphanumeric code (“Blackbird Code”) to distribute to eligible individuals to
become new Customers or Pilots. Blackbird may also provide you the ability to
create additional Blackbird Codes. Blackbird owns all rights in and to any Blackbird
Code whether provided to you or created by you. You acknowledge and agree that:
(a) Blackbird may limit the number of Blackbird Codes you may create or are
made available to you, (b) you have no ownership rights in any form over the Blackbird
Codes, and (c) Blackbird may reclaim, deactivate, invalidate or terminate your Blackbird
Code at any time at its discretion.

How
to Refer New Users

a. Referred Customers.

You may refer eligible individuals to become new Customers on the Blackbird
Platform. In order to be eligible for a Referral Reward (defined below) for a
new Customer, the person must (i) have never previously created a Blackbird
account; (ii) be at least the age of majority in your territory of residence,
and (iii) satisfy the applicable Reward Criteria, as discussed below. If these
conditions are met, the person shall be considered your “Referred Customer.”

b. Referred Pilots.

You may refer eligible individuals to become new Pilots on the Blackbird
Platform. In order to receive a Referral Reward for a new Pilot, the person
must (i) have never previously been a Pilot or started an application to become
a Pilot; (ii) meet all eligibility requirements and be approved to fly on the Blackbird
Platform, and (iii) satisfy the applicable Reward Criteria. Blackbird Pilot
eligibility and approval is determined at the sole discretion of Blackbird, and
is not guaranteed. The duration of the review process may vary. If these
conditions are met, the person shall be considered your “Referred Pilot.”

c. Invitations
through the Blackbird Platform.

You may invite your family and friends to become new Users directly
through the Blackbird Platform by entering or providing Blackbird with your
invitee’s contact information (all information collected by Blackbird under the
Referral Program shall be governed by Blackbird’s Privacy Policy). Inviting an
individual through the Blackbird Platform may generate an automatic invitation
text (SMS) or email (the “Invitation”) to the person which may be sent through
your phone number or a number controlled by Blackbird. The Invitation may
contain a promotional offer of Blackbird credit to a new Customer or a bonus to
a new Pilot. You represent that you have the necessary consent from your
invitee to send them the Invitation (either directly or through the Blackbird
Platform). If your invitee follows the links in your Invitation and creates a Blackbird
account using the information provided, your Blackbird Code will be
automatically applied on the new Customer’s account or the new Pilot’s
application, as applicable.

d. Other Invitations.

You may also invite eligible individuals to become new Users by
distributing your Blackbird Code directly and instructing them to manually
input your Blackbird Code into the Blackbird App. A Customer will not be able
to apply your Blackbird Code if (i) they’ve already applied another User’s Blackbird
Code or a different promotion code, (ii) they’ve already received Blackbird
credit from Blackbird or another source on their User account prior to entry of
your Blackbird Code, or (iii) they take a Blackbird ride prior to entering your
Blackbird Code in their Account. A Pilot will not be able to apply your Blackbird
Code if they start their application without entering your Code. If a User does
not enter your Blackbird Code you will not receive attribution for the referral
and they will not be considered your Referred Customer or Referred Pilot. Blackbird
reserves the right to supply new Users with Blackbird credit or sign-on bonuses
at its discretion.

Referral
Rewards

a. General.

You are eligible to earn a referral incentive (“Referral Reward”) for
each Referred Customer and Referred Pilot that you refer to the Blackbird
Platform (subject to certain maximum limits and the other terms in these
Referral Program Rules). Referral Rewards can only be earned for Referrals in
your country of residence, and cannot be earned for cross-border referrals. As
discussed above, in order to qualify as your Referred Customer or Referred Pilot,
the new User must satisfy the applicable Reward Criteria. The Reward Criteria
are set by Blackbird in its sole discretion and are subject to change at any
time. The Reward Criteria may vary by market or within a particular market. Blackbird,
at its sole discretion, may make available certain promotions with different
Reward Criteria or Referral Rewards to other Users or prospective Users. These
promotions, unless offered to you, shall have no bearing whatsoever on your
Agreement or relationship with Blackbird.

If the new User that you refer satisfies the Reward Criteria, the type
of Reward you are eligible to receive may depend on (i) which Blackbird User
account you used to refer the new user (in general, Pilots and Local Partners
can earn cash for Referred Users paid out in their weekly earnings, whereas Customers
receive Blackbird credits in their Blackbird account -- the amount of the
Reward may also vary depending on which User account you use), (ii) the Blackbird
region associated with your Blackbird account (which may be the last location
you have logged into the Blackbird application), (iii) the Blackbird region
associated with the Referred User when they apply your Blackbird Code, or (iv)
other factors as determined and communicated by Blackbird.

b. Earning Rewards
for Referred Customers.

New Customers you refer may receive Blackbird credit upon creating their
new Blackbird account (“Referral Credit”). Referral Credit is only valid for
use on the Blackbird Platform and is not transferable or redeemable for cash.
Referral Credit may contain certain restrictions such as expiration dates or
geographical use limitations which will be communicated to the new Customer.
New Customers should check the Promos tab within their Blackbird app to
determine whether they have Referral Credit and any restrictions on its use. In
order to satisfy the Referral Criteria, the referred Customer must take their
first Blackbird ride before the Referral Credit expires, but in no event later
than thirty (30) days from the creation of their Blackbird account. All terms
and conditions for the distribution and use of Referral Credit are determined
by Blackbird in its sole discretion.

c. Maximum Rewards
for Referred Customers.

The maximum amount of Referral Rewards that Blackbird will pay for
Referred Customers is $10,000 per week (either in cash, Blackbird credit, or a
combination of the two). For example, if the Referral Reward is $300 per
Referred Customer and you generate 35 Referred Customers in a single week, the
maximum you can earn is $10,000 (in cash or Blackbird credit) for such week.
This maximum Referral Reward amount shall apply across all of your Blackbird
accounts (Customer, Pilot, and/or Local Partner). You may not create multiple Blackbird
accounts to circumvent the Referral Reward maximum, and Blackbird may withhold
or deny any amounts above the maximum Referral Reward. Blackbird reserves the
right to change this maximum amount, and it is your responsibility to review
the Referral Program Rules for the current maximum limits.

d. Earning Rewards
for Referred Pilots.

When you refer a new Pilot to the Blackbird Platform you may be eligible
for a Referral Reward if the Pilot is approved and satisfies the Reward
Criteria. The applicable Reward Criteria varies by time, market, and promotion.
Blackbird will confirm the applicable Reward Criteria for the Referred Pilot
(if any) upon submission of their Pilot application. As a standing rule, the
new Pilot applicant must complete their Pilot application and become approved
to fly on the Blackbird Platform within 30 days of starting the application in
order to be eligible to complete the Reward Criteria. In addition, the Reward
Criteria for new Pilots always includes providing a certain number of flight
plans on the Blackbird Platform within a certain number of days of becoming
approved to fly (the specifics shall be confirmed upon application).

e. Maximum Rewards
for Referred Pilots.

Blackbird reserves the right to set a maximum amount of Referral Rewards
you can earn per week (or any other time increment) for referring new Pilots to
the Blackbird Platform. It is your responsibility to review the Referral
Program Rules for the current maximum limits.

f. Resolving Disputes
over Referrals.

Only one person can earn a Referral Reward for a single Referred Customer
or Referred Pilot. In the event that multiple persons claim credit for a
particular referral, Blackbird has full discretion to determine which person
earned such referral according to Blackbird’s systems.

g. Reservation of
rights.

Blackbird reserves the right to withhold or deduct Referral Rewards or
Referral Credit obtained through the Referral Program in the event that Blackbird
determines or believes that the receipt of the Referral Reward or Referral
Credit was in error, fraudulent, illegal, or in violation of these Referral
Program Rules or any other applicable agreement between you and Blackbird.

Restrictions

In connection with your participation in the Referral Program, you
expressly agree to the restrictions listed below. When distributing, promoting
or communicating your Referral Code(s) you agree that:

  1.  You
        agree that you will not “spam” anyone with invitations to join the Blackbird
        community, and that you at all times will remain compliant with CAN-SPAM,
        the TCPA, and other applicable laws. The following specific activities are
        prohibited:
  2. Mass
         emailing, texting or messaging people you do not personally know;
  3. Use
         of automated systems or bots through any channel to distribute, post or
         respond to your Referral Code;
  4. Use
         of scripts, programed or automatic dialers to send invites or to
         communicate Referral Codes; and
  5. Posting
         referral codes on event or venue pages without express permission from
         the owner.
  6.  You agree that you will
        not attempt to mislead anyone in connection with the Referral Program,
        either by affirmative representation, implication, or omission. In
        particular, you agree that you will not:
  7. Impersonate
         any person or entity
  8. Create
         fake accounts, blogs, webpages, profiles, websites, links or messages
  9. Misrepresent
         your relationship with Blackbird or any other third party (Don’t create
         content or communications that could have the effect of leading a
         consumer to believe that it is an official communication from Blackbird.)
  10. Suggest
         that an affiliation or partnership exists with a third party where none
         exists. Some examples include:
  11. “Use
          code ‘JOGAN’ to get up to $10 off your Blackbird ride to the US Open!
          #USOPEN #BLACKBIRD”;
  12. “Beyonce
          loves Blackbird! Use code ‘JOGAN’ to get up to $10 off your Blackbird
          ride to the Beyonce concert tonight!”; or
  13. “Little
          monsters love Blackbird! Use Blackbird to get to the Gaga concert
          tonight!”
  14. Don’t
         make misrepresentations with respect to the characteristics or
         qualification requirements for any referral rewards. You acknowledge that
         Blackbird may change the characteristics or qualification requirements
         for referral rewards in its discretion, and therefore you shall not
         represent any fixed characteristics (e.g., amount of Blackbird credit,
         expiration date).
  15.  You agree that you will not use the Blackbird
        brand in connection with:
  16. Disparaging
         or defamatory content concerning Blackbird or third parties;
  17. Content
         which promotes racism, bigotry, hatred, discrimination or physical harm
         of any kind against any group or individual;
  18. Offensive,
         abusive, intimidating or harassing content
  19. Content
         that is sexually explicit, obscene and/or contains nudity
  20. Any
         political and/or religious statement;
  21. Content
         containing images or reference to drugs, alcohol, tobacco, weapons or
         firearms
  22. Content
         that violates someone else’s privacy
  23.  You also agree that you
        will not:
  24. Specify
         the monetary amount of the referral code unless authorized by Blackbird
         in writing;
  25. Create
         websites, domains, URLs, social media handles or email addresses containing
         the word “Blackbird”;
  26. Use
         the names or marks of Blackbird competitors
  27. Use
         images of celebrities or other public or private figures without their
         written consent
  28. Use
         someone else’s brand name or intellectual property without their written
         consent (for example, referencing “Superbowl” would be prohibited);
  29. Engage
         in phishing or attempting to obtain financial or other personal
         information
  30. Solicit
         passwords or personally identifiable information
  31. Sell
         your Referral Code. You agree that you will only distribute your Blackbird
         Code free of charge only for promotional purposes. You may not sell,
         trade, or barter your Blackbird Code under any circumstances. You may not
         pay or provide anything of value to an invited user beyond any referral
         credit or collateral supplied by Blackbird.
  32. Violate
         or infringe the rights of a third party. You will not create any Blackbird
         Code that infringes on the intellectual property rights of any third
         party. You will adhere to the License terms in any use of the Blackbird
         Marks.
  33. Advertise.
         You agree that you will not pay to advertise your Blackbird Code or the
         Referral Program, including via Google, Facebook, Twitter, Bing and
         Craigslist.
  34. Create
         printed materials other than those authorized by Blackbird (including but
         not limited to: VistaPrint)
  35. Post
         printed materials on public or private property without the express
         written consent.
  36. Engage
         in fraudulent activity.  You agree that you and your referrals will
         not defraud or abuse (or attempt to defraud or abuse) Blackbird, the
         terms of the Blackbird Referral Program, or any invited users.

If you violate any of these restrictions Blackbird may,
in its discretion, remove your eligibility to participate in the Referral
Program, and/or deny you any Referral Rewards earned in violation or suspected
violation of these restrictions.

Other
Terms

The following terms shall also apply to your participation in the
Referral Program.

  1. Referred Pilots
        who earn a Referral Reward for satisfying the Reward Criteria are not
        eligible for other sign-on bonuses or sign-on guarantees.
  2. Users cannot
        earn Referral Rewards for referring themselves.
  3. In exchange
        for allowing you to promote your Blackbird Code online (subject to the
        restrictions above), you agree to include a link on any such promotion
        page back to Blackbird’s promotion page (or such other page as Blackbird
        designates).
  4. All Blackbird
        promotions run for a limited time only and are subject to change at Blackbird’s
        discretion.

HITCH AGREEMENT

THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH
BLACKBIRD AIR, INC. OFFERS YOU ACCESS TO THE HITCH PRODUCT.

This is the user agreement (the "Agreement" or "User
Agreement" or "Terms of Service") for Blackbird Air’s Hitch
product (the “Hitch Product”), an application owned and operated by Blackbird
Air, Inc., a Delaware corporation, whose principal office is located at 333
Kearny Street, San Francisco, CA 94108 (“Blackbird”). This Agreement is a legally
binding agreement made between You ("You," "Your," or
"Yourself") and Blackbird ("We," "Us" or
"Our") regarding the Hitch Product.

We are providing the Hitch Product to You only upon the condition that You
accept all the terms contained in this Agreement. By signing up with or by
using the Hitch Product, You indicate that You understand this Agreement and
accept all of its terms. If You do not accept all the terms of this Agreement,
then Hitch is unwilling to provide the Hitch Product to You.

The Hitch Product provides a means to enable persons who seek transportation
to certain destinations ("Passengers") to be matched with persons
flying to those destinations independently ("Pilots"). For purposes
of this Agreement, these services shall collectively be defined as the
"Services". This Agreement describes the terms and conditions that
will govern Your use of and participation in the Hitch Product.

Please read this Agreement carefully before using the Services. You must
read, agree with and accept all of the terms and conditions contained in this
Agreement, which includes those terms and conditions expressly set out below
and those incorporated by reference, before You use any of the Services. By
using any of the Services, You become a participant in Hitch and a User of
Services available on the Hitch Product ("Passenger" or
"User"); and You agree to be bound by the terms and conditions of
this Agreement with respect to such Services.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT,
PLEASE DO NOT USE OR ACCESS HITCH OR REGISTER FOR THE SERVICES PROVIDED ON
HITCH. We may amend this Agreement at any time by posting the amended terms on
the Hitch Product or Our website. If We post amended terms on the Hitch Product
or Our website, You may not use the Services without accepting them. Except as
stated below, all amended terms shall automatically be effective after they are
posted on the Hitch Product. This Agreement may not be otherwise amended except
in writing signed by You and Hitch.

WE DO NOT PROVIDE TRANSPORTATION SERVICES AND ARE NOT A DIRECT OR INDIRECT
AIR CARRIER, OR AGENT (EXCEPT AS PROVIDED HEREIN). IT IS UP TO THE PILOT TO
DECIDE WHETHER OR NOT TO OFFER A RIDE TO A PASSENGER MATCHED THROUGH THE HITCH
PRODUCT, AND IT IS UP TO THE PASSENGER TO DECIDE WHETHER OR NOT TO ACCEPT A
RIDE FROM ANY PILOT MATCHED THROUGH THE HITCH PRODUCT. ANY DECISION BY A HITCH USER
TO OFFER OR ACCEPT TRANSPORTATION ONCE SUCH USER IS MATCHED THROUGH THE HITCH
PRODUCT IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. HITCH OFFERS
INFORMATION AND A METHOD TO CONNECT PILOTS AND PASSENGERS WITH EACH OTHER. WE
DO NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A
DIRECT OR INDIRECT AIR CARRIER, OR AGENT (EXCEPT AS PROVIDED HEREIN) AND HAVE
NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY
PROVIDED TO ANY PASSENGER BY ANY PILOT USING THE HITCH PRODUCT.

Hitch's responsibilities are limited to: (i) facilitating the availability
of the Services and (ii) serving as the limited agent of each Pilot for the
purpose of accepting payments of the Passenger(s)' share(s) of Flight (as
defined below) costs from the Passenger(s) on behalf of the Pilot.

ELIGIBILITY

The Services are intended solely for persons who are 18 or older. Any access
to or use of the Services by anyone under 18 is expressly prohibited. By
accessing or using the Services, You represent and warrant that You are 18 or
older. By using the Hitch Product or the Services, You represent and warrant
that You have the right, authority and capacity to enter into this Agreement
and to abide by the terms and conditions of this Agreement.

You are the sole authorized user of Your account. You are responsible for
maintaining the confidentiality of any password provided by You or Hitch for
accessing the Services. You are solely and fully responsible for all activities
that occur under Your password or account. We have no control over the use of
any User's account and expressly disclaims any liability derived therefrom.
Should You suspect that any unauthorized party may be using Your password or
account or You suspect any other breach of security, You will contact Us
immediately.

TERM AND TERMINATION

This Agreement is effective upon use of the Hitch Product or the Services
for new Users and upon the posting dates of any subsequent amendments to this
Agreement for all current Users. You may terminate Your participation in the
Services at any time, for any reason upon receipt by Us of Your written or
email notice of termination. Either You or We may terminate Your participation
in the Hitch Product by removing Your Information at any time, for any or no
reason, without explanation, effective upon sending written or email notice to
the other party. Upon such termination, We will remove all of Your information
from Our servers, though We may retain an archived copy of records We have
about You as required by law or for legitimate business purposes. We maintain
sole discretion to bar Your use of the Services in the future, for any or no
reason. Even after Your participation in the Hitch Product is terminated, this
Agreement will remain in effect.

HOW THE SERVICES WORK

The Services can be used to facilitate the submission of Pilot Flights (“Flights”),
and the matching of Passenger Rides (“Rides”) with such Flights. If You wish to
submit a Ride as a Passenger or submit a Flight as a Pilot, You must first
register to create a Hitch Account (defined below).

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO
FACILITATE THE MATCHING OF RIDES. WE CANNOT AND DO NOT CONTROL THE CONTENT
CONTAINED IN ANY SUBMITTED FLIGHTS AND THE CONDITION, LEGALITY OR SUITABILITY
OF ANY AIRCRAFT. WE ARE NOT RESPONSIBLE FOR AND DISCLAIM ANY AND ALL LIABILITY
RELATED TO ANY AND ALL FLIGHTS AND AIRCRAFT. ACCORDINGLY, ANY ACCEPTANCE OF A
MATCH WILL BE MADE AT THE PASSENGER'S AND PILOT'S OWN RISK.

ACCOUNT REGISTRATION

In order to access certain features of the Services, and to submit a Ride or
a Flight, You must register to create an account (“Hitch Account”) and become a
Member. We will create Your Hitch Account and Your Hitch Account profile page
for Your use of the Services based upon the personal information You provide to
us. You may not have more than one (1) active Hitch Account. You agree to
provide accurate, current and complete information during the registration
process and to update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate Your Hitch Account and Your access
to the Services if You create more than one (1) Hitch Account or if any
information provided during the registration process or thereafter proves to be
inaccurate, not current or incomplete. You are responsible for safeguarding
Your password. You agree that You will not disclose Your password to any third
party and that You will take sole responsibility for any activities or actions
under Your Hitch Account, whether or not You have authorized such activities or
actions. You will immediately notify Us of any unauthorized use of Your Hitch
Account.

PILOT FLIGHTS

As a Pilot Member, You may submit Flights
in the Hitch Program. To this end, You will be asked a variety of questions
about the Flight to be submitted, including, but not limited to, the aircraft
make and model, airports of origin and destination, date and time of departure,
number of passenger places available, weight allowances, total cost of the
Flight. Hitch will estimate the total amount of sharable Flight costs and the
per-Passenger sharable costs based on the information You provide. You
represent and warrant that the information provided is accurate. You
acknowledge and agree that other Users will be Matched with seats
on Your Flight via the Services based upon the information provided in Your
Flight.

You acknowledge and agree that You are responsible for any and all Flights
You submit. We reserve the right, at any time and without prior notice, to
remove or disable the ability to match a Flight for any reason, including
Flights that We, in our sole discretion, consider to be objectionable for any
reason, in violation of these Terms or otherwise harmful to the Services.

You understand and agree that We do not act as a contracting agent for You
as a Pilot. If a Passenger’s Ride matches Your Flight and You accept the
Passenger, any agreement You enter into with such Passenger is between You and
the Passenger; and We are not a party thereto. Notwithstanding the foregoing, We
serve as Your limited authorized agent as the Pilot for the purpose of
accepting payments of shared costs from Passengers on Your behalf and are responsible
for transmitting such payments to You.

If You are a Pilot and a Ride is matched with Your Flight via the Services,
You will be required to either accept or reject the match within 24 hours of
when the match is made. When a Ride is matched via the Services, we will share
with You (i) the first and last name of the Passenger, the Passenger's weight
and baggage weight and any additional information supplied by the Passenger,
and (ii) a link to the Passenger's Hitch Account profile page, so You can view
such information before accepting or rejecting the Ride. If You are unable to
decide to accept or reject a Ride based on the information provided by the
prospective Passenger, You will have an opportunity to request further
information from the Passenger via the Hitch Product. When You accept a Ride
and the Passenger accepts the Flight, Hitch will send You an email, text
message or message via the Services confirming such arrangement and containing
direct contact information for the Passenger. As a Pilot Member, You have the
ability to cancel a Flight at any time for any reason without penalty. As Pilot
in Command of the aircraft, You further will make all determinations, at your
sole discretion, concerning all aspects of a Flight, including but not limited
to, time of departure, destination, and cancellation and may at your sole
discretion modify or cancel a Flight plan at any time for any reason. As a
Pilot Member, You may decline at any time to carry a Passenger for any reason,
including but not limited to, deeming the information provided by a Passenger
on a submitted Ride to be inaccurate.

PASSENGER RIDES

As a Passenger Member, You may submit a Ride in the Hitch Program. To this
end, You will be asked a variety of questions including, but not limited to,
your desired airports of origin and destination, your desired date and time of
departure, number of passengers in your party (“Participants”), the weight of
Yourself and any other persons in Your party, the weight of Your baggage, and
Your age. You represent and warrant that the information provided is accurate.

If Your Ride matches with a Pilot’s Flight, Hitch will transmit Your Ride to
the Pilot, who must respond by accepting or rejecting Your Ride or requesting
further information. If the Pilot accepts Your Ride, Hitch will transmit the
Pilot’s acceptance to You, along with the Flight’s estimated shared costs and
the Pilot’s direct contact information. You acknowledge that information about
a Flight's shared cost is an estimate based on average flight times for the
flight plan and aircraft for the Flight, and that the actual shared cost for
such Flight will be determined after the Flight is completed based on actual
flying time and the actual number of Passengers who are on the Flight, as
provided by the Pilot after the completion of the Flight. You will be required
to either confirm or reject the match within 24 hours of when the match is
made. You understand that when You accept a match, You create a binding
commitment on Your part to take the Ride; and You further agree to honor Your
commitments to take any such Rides.

PAYMENTS

As a Passenger Member, You will be required to pay Your pro-rata share of
allowable Flight costs (“Passenger Contribution”). Allowable shared costs for a
Flight with Passengers matched via the Services may only include aircraft
rental costs, fuel and oil costs (if a Pilot owns the aircraft or if rental
costs are “dry”) and certain airport fees. The Passenger Contribution will be
determined by dividing the total allowable Flight costs by the total number of
Participants on the Flight. The estimated Passenger Contribution will be
displayed to a Pilot upon submitting a Flight. As a Pilot, You will not receive
any compensation or consideration for providing a Ride to a Passenger other
than the amount of the afore-mentioned Passenger Contribution, and You must pay
Your pro-rata share of allowable costs for any Flight conducted with Passengers
via the Services.

We receive an administrative fee based upon a percentage of the amount of
the Passenger Contribution (“Administration Fee”). The Administrative Fee is
charged to the Passenger, and the estimated Administrative Fee is displayed to
the Passenger upon submitting a Ride. We, at our sole discretion, may decline
to assess an Administrative Fee.

As a Passenger, You acknowledge and agree that, notwithstanding the fact
that We are not a party to the agreement between You and the Pilot, We act as
the Pilot's payment agent for the limited purpose of accepting payments from
You of Your Passenger Contribution, on behalf of the Pilot. In order to submit a
Ride, pending the applicable Pilot's acceptance or rejection of Your Ride, You
understand and agree that We reserve the right, in our sole discretion, to (i)
obtain a pre-authorization via Your credit card for the estimated Passenger
Contribution and Administrative Fee and/or (ii) charge Your credit card a
nominal amount, not to exceed one dollar ($1) to verify Your credit card. You
agree to pay the amount of the Passenger Contribution and Administrative Fee
for any Ride in connection with Your Hitch Account if such Ride is accepted and
You participate as a Passenger on such Flight.

In connection with Your Ride, You will be asked to provide customary billing
information such as name, billing address and credit card information either to
Us or our third party payment processor, Stripe, Inc. We, or Stripe,
will charge your credit card for the Passenger Contribution and the
Administrative Fee upon completion of Your Flight.

Hitch will remit Passenger Contributions to Pilots via direct deposit or
other payment methods described on the Services within a commercially
reasonable time of the completion of a Flight.

If a Pilot cancels a Flight on which You are matched to be a Passenger, You
will not be charged a Passenger Contribution or an Administrative Fee and any
hold on Your credit card will be released. If, as a Passenger, You cancel a
Ride on a Flight up to 24 hours prior to such Flight's anticipated departure
time, You will not be charged a Passenger Contribution or an Administrative Fee
and any hold on Your credit card will be released. If, as a Passenger, You
cancel a Ride within twenty four (24) hours of the anticipated departure time,
You agree to pay a “Cancellation Fee” of $10. If You decide at any time to
cancel a Ride, You agree to inform the Pilot immediately, either via the
Services or directly using the Pilot's contact information provided by Hitch.

APPOINTMENT OF HITCH AS PAYMENT AGENT FOR PILOT

Each Pilot hereby appoints Us as the Pilot's limited agent solely for the
purpose of collecting payments of the Passenger Contribution made by the
Passenger on behalf of the Pilot.

YOUR INFORMATION

Your Information is any information You provide, publish or display
("post") to the Hitch Product or send to other Users in the
registration or in any public message area (including, but not limited to the
feedback section) or through any email feature ("Your Information").
Your Information will be stored on computers. You consent to Us using Your
Information to create a User account that will allow You to participate in the
Services. You are solely responsible for Your Information and Your interactions
with other people in the public, and We act only as a passive conduit for Your
online posting of Your Information. When You use the Hitch Product, You agree
to provide accurate, current and complete information as prompted by Our
registration form and to maintain and timely update Your Information to keep it
accurate, current and complete at all times during the Term of the Agreement.
You agree that We and other people of the public may rely on Your Information
as accurate, current and complete. You acknowledge that if Your Information is
untrue, inaccurate, not current or incomplete in any respect, We have the right
to terminate this Agreement and Your use of the Services.

USER CONDUCT

You understand and agree that You will use the Services in a manner
consistent with any and all applicable laws and regulations. We reserve the
right but are not obligated to investigate and terminate Your participation in
the Hitch Product if You have misused the Hitch Product or the Services, or
behaved in a way which could be regarded as inappropriate or whose conduct is
unlawful or illegal. In connection with Your use of our Services, You may not
and You agree that You will not on behalf of Yourself and, if a Passenger, any
Participants:

• As a Pilot, submit Flights that You would not make if no Passengers
contacted You through the Services.

• As a Pilot, change or modify the submitted Flight in response to
preferences received from a Passenger.

• As a Pilot, offer or provide transportation service for profit, operate as
an air carrier, or otherwise seek compensation from Passengers, including using
flying hours accumulated during Flights with Passengers contacted through the
Services to fill additional certification requirements.

• As a Passenger, contest or refuse to adhere to or comply with any decision
made by a Pilot who is a Pilot in Command of an aircraft and that are
consistent with the normal duties and authorities of a Pilot in Command
including, but not limited to, decisions to modify or cancel a Flight or to
refuse to carry a Passenger.

In addition, by using the Services, You agree that You will:

• As a Pilot, communicate any changes to a Flight, including delays and
cancellations, promptly to Passengers contacted through the Services, including
updating any Flight(s) that has changed with accurate information promptly.

• As a Pilot, agree that You will provide updated actual Flight information
on the Services promptly after a Flight conducted with Passengers is completed
(note: for a trip with multiple legs, this will occur after all legs are
completed).

• As a Passenger, acknowledge that each Pilot You contact through the
Services is the Pilot in Command and, accordingly, will at his or her sole
discretion make all determinations concerning all aspects of a Flight,
including but not limited to, time of departure, destination, and cancellation
and may at his or her sole discretion modify or cancel a Flight plan at any
time for any reason.

• As a Passenger, agree to provide accurate information when submitting a
Ride, including but not limited to information provided in response to
questions about a Passenger's weight and the weight of his or her baggage.

• As a Passenger, understand and agree that a Pilot may decline at any time
to carry a Passenger for any reason, including but not limited to, deeming the
information provided by a Passenger on a submitted Ride to be inaccurate.

• As a Passenger, agree to honor commitments made when accepting a Flight
with a Pilot contacted through the Services and to communicate promptly to the
Pilot any relevant changes including but not limited to, delays in arriving at
an airport meeting location, cancellations, and changes in party composition or
size.

FURTHER RESTRICTED ACTIVITIES

With respect to Your participation on the Hitch Product or through the
Services, You will not:

• violate any local, state, federal or other law or regulation;

• use manual or automated software, devices, scripts, robots, or other means
or processes to access, “scrape,” “crawl” or “spider” any web pages or other
services contained in the Services;

• use the Services for any commercial or other purposes that are not
expressly permitted by the Agreement;

• copy, store or otherwise access any information contained on the Services
or content therein for purposes not expressly permitted by the Agreement;

• interfere with or damage the Services, including, without limitation,
through the use of viruses, cancel bots, Trojan horses, harmful code, flood
pings, denial-of-service attacks, packet or IP spoofing, forged routing or
electronic mail address information or similar methods or technology;

• use the Services to transmit, distribute, post or submit any information
concerning any other person or entity, including without limitation,
photographs of others without their permission, personal contact information or
credit, debit, calling card or account numbers;

• use the Services in connection with the distribution of unsolicited
commercial email ("spam") or advertisements unrelated to the
Services;

• "stalk" or otherwise harass any person;

• submit, as a Pilot, Flights on any aircraft that You do not Yourself own
or have permission to rent;

• impersonate any person or entity;

• register for more than one Hitch Account;

• contact a Pilot for any purpose other than in connection with such Pilot's
Flight;

• contact a Passenger for any purpose other than responding to a Ride or
asking a question related to such Passenger's Ride;

• when acting as a Pilot or Passenger, recruit or otherwise solicit any
Member to join third party services or websites that are competitive to Hitch;

• use automated scripts to collect information or otherwise interact with
the Services;

• use the Services to find a Pilot or Passenger and then arrange to provide
a Flight or accept a Ride independent of the Services in order to circumvent
the obligation to pay any Administrative Fee related to Hitch's provision of
the Services;

• as a Pilot, submit any Flight that You do not intend to make, or as a
Passenger submit any Ride that You do not intend to honor;

• post, upload, publish, submit or transmit any content that, in Our sole
judgment: (i) infringes, misappropriates or violates a third party's patent,
copyright, trademark, trade secret, moral rights or other intellectual property
rights, or rights of publicity or privacy; (ii) violates, or encourages any
conduct that would violate, any applicable law or regulation or would give rise
to civil or criminal liability; (iii) is fraudulent, false, misleading or
deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)
promotes discrimination, bigotry, racism, hatred, harassment or harm against
any individual or group; (vi) is violent or threatening or promotes violence or
actions that are threatening to any other person; or (vii) promotes illegal or
harmful activities or substances;

• systematically retrieve data or other content from the Services to create
or compile, directly or indirectly, in single or multiple downloads, a
collection, compilation, database, directory or the like, whether by manual
methods, through the use of bots, crawlers, or spiders, or otherwise;

• forge headers or otherwise manipulate identifiers in order to disguise the
origin of any information transmitted through the Services;

• use, display, mirror or frame the Services, or any individual element
within the Services, Our name, any Blackbird or Hitch trademark, logo or other
proprietary information, or the layout and design of any page or form contained
on a page, without Our express written consent;

• access, tamper with, or use non-public areas of the Services, Our computer
systems, or the technical delivery systems of Our providers;

• attempt to probe, scan, or test the vulnerability of any Blackbird system
or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise
circumvent any technological measure implemented by Us or any of Our providers
or any other third party (including another user) to protect the Services;

• attempt to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the Services; or

• advocate, encourage, or assist any third party in doing any of the
foregoing.

PROPRIETARY RIGHTS

All trademarks, service marks, logos, trade names and any other proprietary
designations of Hitch used herein are trademarks or registered trademarks of
Blackbird.

You warrant and represent to Us that Your Information is posted by You and
that You are the sole author of Your Information. To enable the Hitch Product
to use Your Information without violating any rights You might have in such
information, You automatically grant, and You represent and warrant that You
have the right to grant, to Us and other Participants, a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, and database rights
You have in Your Information and Your content, and to use, copy, perform,
display and distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and content, in any
media now known or not currently known, with respect to Your Information. Hitch
will only use Your Information and content in accordance with Our Privacy
Policy. You may remove Your content or Your Information from the Hitch Product
at any time. If You choose to remove Your content or Your Information, the
license granted above will automatically expire; however You acknowledge that
We may retain archived copies of Your content. Hitch does not assert any
ownership over Your content; rather, as between Us and You, subject to the
rights granted to Us in these Terms of Service, You retain full ownership of
all of Your content and any intellectual property rights or other proprietary
rights associated with Your content.

INFORMATION CONTROL

Any of Your Information You upload, provide, or post on the Hitch Product
may be accessible to certain Users of the Hitch Product. We cannot verify or
guarantee the accuracy of the information Users provide Us on the Hitch
Product, and We do not control the information provided by other Users that is
made available through Our system. Therefore, We cannot and do not confirm each
User's purported identity. You may find other User's information to be
offensive, harmful, inaccurate, or deceptive. Please use caution and common
sense when using the Hitch Product. Please note that there are also risks of
dealing with underage persons or people acting under false pretense. By using
the Hitch Product, You agree to accept such risks; and We are not responsible
for the acts or omissions of users on the Hitch Product. We encourage You to
communicate directly with each potential Pilot or Passenger, as the case may
be, prior to engaging in a Flight.

HITCH EMAIL AND TEXT COMMUNICATIONS

E-mail communications and text messages sent from Us or through Us are
designed to make Your Hitch experience more efficient. By using the Services,
You specifically agree to accept and consent to receiving e-mail communications
and text messages initiated from Us or through Us, which include, without
limitation: message notification e-mails, e-mails or text messages informing
You about potential available Flights or Rides, as the case may be, and e-mails
informing You of promotions We run and emails informing You of new and existing
features We provide. Standard text messaging charges applied by Your cell phone
carrier will apply to text messages We send. Hitch reserves the right to cancel
the notification service at any time. If You do not wish to receive any of our
e-mail communications or text messages, please do not use the Services.

INTELLECTUAL PROPERTIES

All intellectual property rights on the Hitch Product and in the Services shall
be owned by Us absolutely and in their entirety. These rights include and are
not limited to database rights, copyright, design rights (whether registered or
unregistered), trademarks (whether registered or unregistered) and other
similar rights wherever existing in the world together with the right to apply
for protection of the same. You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback or other information about the Hitch
Product or the Services ("Submissions"), provided by You to Us are
non-confidential and shall become the sole property of Blackbird. We shall own
exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for any
purpose, commercial or otherwise, without acknowledgment or compensation to
You.

COPYRIGHT COMPLAINTS

We respect copyright law and expects Users to do the same. It is Our policy
to terminate in appropriate circumstances the Hitch Accounts of Users or other
account holders who repeatedly infringe or are believed to be repeatedly
infringing the rights of copyright holders. If You believe, in good faith, that
any materials on the Services infringe upon Your copyrights, please send the
following information to Our Copyright Agent at Blackbird Air Inc., 333 Kearny
Street, San Francisco CA 94108:

1. A description of the copyrighted work that You claim has been infringed,
including specific location on the Services where the material You claim is
infringed is located. Include enough information to allow Us to locate the
material, and explain why You think an infringement has taken place;

2. A description of the location where the original or an authorized copy of
the copyrighted work exists – for example, the URL (Internet address) where it
is posted or the name of the book in which it has been published;

3. Your address, telephone number, and e-mail address;

4. A statement by You that You have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;

5. A statement by You, made under penalty of perjury, that the information
in Your notice is accurate, and that You are the copyright owner or authorized
to act on the copyright owner's behalf; and

6. An electronic or physical signature of the owner of the copyright or the
person authorized to act on behalf of the owner of the copyright interest.

INDEMNITY

You will defend, indemnify, and hold Us and Our officers, directors,
employees, agents and any third parties harmless for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees) relating to or
arising out of Your use of the Services, including: Your breach of this
Agreement or the documents it incorporates by reference; or Your violation of
any law or the rights of a third party, including, without limitation, Pilots,
Passengers, other persons, as a result of Your own interaction with such third
party, any allegation that any materials that You submit to Us or transmit to
the Services or to Us infringe or otherwise violate the copyright, trademark,
trade secret or other intellectual property or other rights of any third party;
Your ownership, use or operation of an aircraft, including Your provision of
Flights to Passengers; and/or any other activities in connection with the
Services. This indemnity shall be applicable without regard to the negligence
of any party, including any indemnified person.

OTHER DISCLAIMERS

We, Our subsidiaries, officers, directors, employees and our suppliers
provide the Hitch Product and the Services on an "as is" basis and
without any warranty or condition, express, implied or statutory. We do not
guarantee and do not promise any specific results from use of the Hitch Product
and/or the Services. We, Our subsidiaries, officers, directors, employees and
Our suppliers specifically disclaim any implied warranties of title,
merchantability, fitness for a particular purpose and non-infringement. Some
states do not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to You. This warranty gives You specific legal rights and You may
also have other legal rights that vary from state to state. We do not warrant
that Your use of the Services will be accurate, complete, reliable, current,
secure, uninterrupted, always available, or error-free, or will meet Your
requirements, that any defects in the Services will be corrected, or that the
Services are free of viruses or other harmful components. We disclaim liability
for, and no warranty is made with respect to, connectivity and availability. We
cannot guarantee that each User is at least the required minimum age, nor do We
accept responsibility or liability for any content, communication or other use
or access of the Hitch Product or the Services by persons under the age of 18
in violation of this Agreement. We are not responsible or liable in any manner
for any Content posted on the Hitch Product or in connection with the Service,
whether posted or caused by Users of the Hitch Product, by Hitch, by third parties
or by any of the equipment or programming associated with or utilized in the
Hitch Product or the Services. Although We provide rules for User conduct and
postings, We do not control and are not responsible for what Users post,
transmit or share on the Hitch Product and are not responsible for any
offensive, inappropriate, obscene, unlawful or otherwise objectionable content
You may encounter on the Hitch Product or in connection with any content. Hitch
is not responsible for the conduct, whether online or offline, of any user of
the Hitch Product or Services. It also is possible for others to obtain
personal information about You due to Your use of the Hitch Product or the
Services, and that the recipient may use such information to harass or injure You.
We are not responsible for the use of any personal information that You
disclose on the Hitch Product or through the Services.

You are solely responsible for Your interactions with other Users. We
reserve the right, but have no obligation, to monitor disputes between You and
other Users. Please carefully select the type of information that You post on
the Hitch Product or through the Services or release to others. We disclaim all
liability, regardless of the form of action, for the acts or omissions of other
Users (including unauthorized users, or "hackers"). Hitch only offers
a venue that enables Pilots and Passengers to match with each other. Hitch does
not offer transportation services, and Hitch is not a direct or indirect air
carrier, agent (except as provided herein) or transportation company. We are
not involved in the actual transportation provided by Pilots to Passengers. As
a result, We have no control over the quality or safety of the transportation
that occurs as a result of the Service; nor do We have any control over the
truth or accuracy of the of Participants' information listed on the Hitch
Product. We cannot ensure that a Pilot or Passenger is who he or she claims to
be or that a Pilot or Passenger will actually complete an arranged service. We
reserve the right to change any and all content, software and other items used
or contained in the Hitch Product and the Services at any time without notice.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR
SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INDIRECT OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY
INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE
INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING
OUT OF OR IN CONNECTION WITH HITCH, OUR SERVICES OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW
OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE
FOR ANY DAMAGES ARISING OUT OF THE USE OF HITCH OR THE SERVICES, INCLUDING,
WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH
OTHER USERS AND PARTICIPANTS OF HITCH OR THE SERVICES, OR INTRODUCED TO YOU VIA
HITCH OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL
DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND
THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.

WE HAVE NO RESPONSIBILITY WHATSOEVER FOR THE ACTIONS OR CONDUCT OF PILOTS OR
PASSENGERS. WE HAVE NO OBLIGATION TO INTERVENE IN OR BE INVOLVED IN ANY WAY IN
DISPUTES THAT MAY ARISE BETWEEN PILOTS, PASSENGERS, OR THIRD PARTIES.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SUBMITTING, PROVIDING OR
ACCEPTING FLIGHTS REST SOLELY WITH YOU. IT IS EACH PILOT'S AND PASSENGER'S
RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS
WITH ANY PARTY THEY MAY INTERACT WITH THROUGH USE OF THE SERVICES. USERS
UNDERSTAND AND ACCEPT THAT WE HAVE NO CONTROL OVER THE IDENTITY OR ACTIONS OF
THE PASSSENERS AND PILOTS, AND WE REQUEST THAT USERS EXERCISE CAUTION AND GOOD
JUDGMENT WHEN USING THE SERVICES. PILOTS AND PASSENGERS USE THE SERVICES AT
THEIR OWN RISK.

PRIVACY

We do not sell or rent Your Information to third parties for their marketing
purposes without Your explicit consent, and We only use Your information as
described in the Privacy Policy. We view protection of Users' privacy as a very
important community principle. We understand clearly that You and Your
information is one of Our most important assets. We store and process Your
information on computers located in the United States that are protected by
physical as well as technological security devices. If You object to Your
Information being transferred or used in this way, please do not use or access
Our Services.

NOTICES, COMPLAINTS

Except as explicitly stated otherwise, any notices to Us shall be given by
certified mail, postage prepaid and return receipt requested to Blackbird Air,
Inc., 333 Kearny Street, San Francisco CA 94108, and any notices to You shall
be provided to You through the Hitch Product or given to You via the email
address You provide to Hitch during the registration process. In the case of
the former, notice shall be deemed given 3 days after the date that the email
was sent. Notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid.

To resolve a complaint regarding the Service, You should first contact Our
Customer Service Department by email at info@flyblackbird.com

GENERAL

This Agreement shall be governed by the laws of the State of California
without regard to choice of law principles. If any provision of this Agreement
is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. You agree that this Agreement and all
incorporated agreements may be automatically assigned by Us, in Our sole
discretion in accordance with the "Notices" section of this
Agreement. Our failure to act with respect to a breach by You or others does
not waive Our right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between the User
and Us with respect to the subject matter hereof.

PRIVACY POLICY

Hitch is dedicated to protecting Your personal information and informing You
about how We use it. This privacy policy applies to transactions and activities
and data gathered through the Hitch Product. Please review this privacy policy
periodically as We may revise it without notice. This privacy policy was last
revised on June 29, 2018. Each time You use the Hitch Product or provide Us
with information, by doing so You are accepting the practices described in this
privacy policy at that time.

DATA WE COLLECT FROM YOU

In order to operate the Hitch Product and to provide You with information
about products or services that may be of interest to You, We may collect
"personal information" (i.e. information that could be used to
contact You directly (without using the Hitch Product) such as full name, phone
number, credit/debit card information, or email address) or "demographic
information" (i.e. information that You submit, or that We collect, that
is not personal information; this may include, but is not limited to, zip code,
hometown, gender, username, age/birth date, browsing history information,
searching history information, and registration history information.
Demographic information is divided into two categories: 1) "non-public
information", which consists of Ride transaction information and
one-on-one communications between You and other users of the Hitch Product; and
2) "public information", which consists of all other demographic
information. Please note that nowhere on the Hitch Product do We knowingly
collect, keep or maintain personal information from children under the age of
18, as We require that all users represent to Us that they are at least 18
years old.

HOW WE USE PERSONAL INFORMATION

We use Your email address and Your other personal information to help Us
efficiently operate the Hitch Product, to contact You in connection with Your
transactions and other activities on the Hitch Product (including, but not
limited to, confirmation emails, or important news that could affect Your
relationship with Hitch), to forward trip information to You from other Users,
to forward trip information from You to other Users, and to contact You and
others to suggest potential matches. These types of communications are known as
"Operational Communications."

To operate the Hitch Product, including processing Your transactions and
supporting Your activities on the Hitch Product, We may share Your personal
information with Our agents, representatives, contractors and service providers
so they can provide Us with support services such as email origination, receipt
or support services, customer relationship management services, and order
fulfillment. We require these entities not to use Your information for any
other purpose.

HOW TO EDIT YOUR INFORMATION

Hitch provides You with the ability to access and edit Your personal
information. To update Your personal info, click “My Account” in the Blackbird
app or website. There You can view, update and correct Your account
information.

Our databases automatically update any personal information You edit in Your
account.

INFORMATION RETENTION

To preserve the integrity of Our databases, standard procedure calls for Us
to retain information submitted by Users for an indefinite length of time. We
understand Your submissions as consent to store all Your information in one
place for this indefinite length of time, if We so wish. If required by law, as
is the case to comply with the Children's Online Privacy Protection Act
(COPPA), We will nullify User information by erasing it from Our database. We
will also respond to written Member requests to nullify account information.
Also, by using the Hitch Product, You do hereby represent and warrant that You
understand and agree that all information submitted by You through the Hitch
Product or otherwise to Us becomes the property of Hitch and may be used in Our
sole discretion in accordance with this Privacy Policy and the Terms of Use.

CHOICE/OPT-OUT

Hitch provides Users the opportunity to opt-out of receiving communications
from Us and Our partners at the point where We request information about the
visitor. Users have the option to remove their information from Our database,
or to not receive future communications.

SPECIAL CASES IN WHICH WE SHARE PERSONAL INFORMATION

Your personal information may be passed on to a third party in the event of
a transfer of ownership or assets, or a bankruptcy. We may also disclose
personal information when We determine that such disclosure is necessary to
comply with applicable law or judicial order, to cooperate with law enforcement
or to protect the interests or safety of Us or other visitors to the Hitch
Product.

OUR SECURITY PRECAUTIONS

Your Hitch Profile is password-protected so that only You and authorized
Hitch employees have access to Your account information. Our staff will never
proactively reach out to You and ask for any personal account information,
including Your password. If You share a computer, You should sign out of Your
Hitch Account and close the browser window before someone else logs on. This
will help protect Your information entered on public terminals from disclosure
to third parties.

We make every effort to ensure that Your information is secure on its
system. Unfortunately, no data transmission over the Internet can be guaranteed
to be 100% secure. As a result, We cannot guarantee the security of any information
You transmit to Us, and You do so at Your own risk. If You have any further
questions on this issue, refer to Hitch Terms of Use. We expressly disclaim any
liability that may arise should any other individuals obtain the information
You submit to the Hitch Product.

We have security measures in place to protect against the loss, misuse and
alteration of the information under Our control. Your information may be
transferred to and maintained on computer networks which may be located outside
of the state, province, country or other governmental jurisdiction in which You
reside, and the country or jurisdiction in which these computer networks are
located may not have privacy laws as protective as the laws in Your country or
jurisdiction.

The Hitch Product may contain links to other web sites. We are of course not
responsible for the privacy practices of other web sites. We encourage Our
Users to be aware when they leave the Hitch Product to read the privacy
statements of each and every web site that collects personally identifiable
information. This Privacy Policy applies solely to information collected by the
Hitch Product.

CHANGING OUR PRIVACY POLICY FOR PREVIOUSLY GATHERED INFORMATION

If at any point We decide to use particular personally identifiable information
in a manner materially different from that stated at the time it was collected,
We will notify Users by way of an email or by providing 30 days notice on the
Hitch Product. We also encourage You to review this privacy policy
periodically. By using the Hitch Product, You do hereby represent and warrant
that You have read, understand and agree to all terms of this Agreement. Each
time You use the Hitch Product, You agree to all terms set forth in this
Agreement and any other policies published by Us on the Hitch Product. Please
note that We will continue to have the right to change Our privacy policy and
practices and how We use Your personally identifiable information, without
notice, as described in herein, provided that such changes shall only apply to
information gathered on or after the date of the change.

CONTACTING BLACKBIRD

If You have any questions about this privacy statement, the Our practices,
or Your dealings with Us or the Hitch Product, You may contact Us at
Info@flyblackbird.com.