ForeFlight

Terms of Use

THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE FOREFLIGHT WEB WEBSITE AND SERVICES, INCLUDING ALL OF THE FEATURES, FUNCTIONS, DATA, INTERFACES, AND OTHER OFFERINGS ACCESSIBLE THROUGH THE SITE (REFERRED TO COLLECTIVELY AS “THE SERVICES”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE FOREFLIGHT WEB SERVICES.

1. Acceptance and Use

BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE. The Services are provided by ForeFlight, LLC (“ForeFlight”) in the United States, and the websites are operated in the United States. Your access to the Service is governed by these Terms of Use under the laws of the State of Texas and the United States. The Terms of Use include our Privacy Policy which are incorporated herein by reference. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES.

If you are a ForeFlight Mobile™ user, these Terms of Use do not replace or amend the terms of your ForeFlight Mobile license. For questions regarding your rights or obligations with ForeFlight Mobile, please refer to the ForeFlight Mobile Downloadable Software License Agreement. These Terms of Use do not include any license rights to ForeFlight Mobile.

2. Permitted License Uses and Restrictions

a. The data, software, graphics, interfaces, and other content contained in the Service (collectively, the “Content”), with the exception of certain User Generated Content, is all owned by, licensed to, and/or copyrighted by ForeFlight, and may be used only in accordance with these terms of Use. The trademarks, service marks and logos displayed in the Service are owned by or licensed to ForeFlight. ForeFlight and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Service. b. All Content on the Service, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the Service. ForeFlight makes no representation that the Content on the Service is complete, accurate, reliable, or error-free. c. You may access the Service only for personal use with an individual browser. You may use the Content only for personal use, and download Content only for use within the Service as permitted herein. Resale of any work or database (or material portion thereof) or distribution, online redistribution of Content, or resale or use of any Content or Service to third parties is strictly prohibited. d. Where permitted, Content may be downloaded onto your computer or device through the Service or through ForeFlight Mobile software. When downloaded, Content from the Service remains subject to the limited use license terms contained here. If you download, copy or print any of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. e. You may use the software provided on the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Bots, crawlers, spiders, data miners, scraping and other automatic access tools are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein. You also agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any software or hardware associated with the Service, including any software viruses, malware, or any other computer code, files, or programs. The licenses granted by ForeFlight terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you. f. By using any of the Service, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive Content to the Service.

ForeFlight reserves the right to change these policies from time to time and the changes take effect when we post them on the Service. Changes will be posted on the Service and/or sent by email, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Services, Content, or Software is unacceptable to you or will cause you to no longer be in compliance with this Agreement, you are responsible for cancelling your subscription and use of the Service. Continued use of the Services now or following posted notices of changes to the Agreement means that you have accepted and agree to be bound by the changes.

3. Subscription Terms, Fees and Payments

Users of the Service may be licensed ForeFlight Mobile Users, trial subscribers, and paying subscribers. The different payment options and services offered for the different levels will be published on the relevant Website or at the time a subscription or other service is offered or renewed. Any terms and conditions applying to such subscriptions or other services are incorporated into this Agreement.

Terms for Subscriptions. You must be 18 years or older to use or subscribe to the Service. You must provide ForeFlight with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will be assigned a username and you will select a password. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on the Service via your account, and you must keep your account password secure. Distribution of your password to others for access to ForeFlight Web is expressly prohibited. You must immediately notify us by the contact information below, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.

All subscriptions are automatically renewing. This means that once you become a subscribing member, your subscription will be automatically renewed and your billing method will be charged based on the subscription program (semiannually, quarterly, monthly, etc.) you have chosen unless you opt out or cancel by following the instructions in this Agreement. Please ensure that you correct any information which has changed in respect to your Payment Method to prevent your subscription lapsing due to us being unable to process your payment. Billing charges will be processed immediately when your order is taken and according to the billing details displayed when you choose a subscription, as well as when your subscription is automatically renewed. In the case of subscriptions longer than one month, you will be notified via email before your subscription ends and asked to correct any information which has changed and reminded of the opportunity to “opt out” of your renewal. The renewal of the subscription takes place subject to the terms and conditions in force on the date of renewal. When other offers, promotions or free trials are made available, the specific terms and conditions that apply to each will be stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates or price changes when a promotion or free trial ends.

Opting Out of Renewal. You may opt out of renewing your subscription by email via the contact information below or logging into your Account page before the renewal date and following the cancellation instructions there. If you do not let us know that you want to terminate your subscription at least two business days prior to the end of the current subscription period, the payment for the renewal period of the subscription will be processed.

Cancellations. If you sign up for a free trial, you may cancel at any time during the free trial period and incur no charge. Monthly subscriptions and any subscription that is billed on a monthly basis may be cancelled at any time but are not eligible for a refund. If you commit to an Annual Billed Monthly, Semi-Annual Billed monthly or other longer-term subscription that is billed monthly, your cancellation policy will depend on the billing details displayed when you choose such subscription. Cancellations may be made by email via the contact information below or by logging into your Account page on the appropriate Website and following the cancellation instructions there. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.

Termination or Suspension of Your Account. If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Service. In such a case, no portion of your subscription payment will be refunded. We also reserve the right to suspend or terminate your access to the Service for any reason, and should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of your subscription payment, which will be your sole and exclusive remedy upon such suspension or termination.

Prices Subject to Change. Prices may be changed by ForeFlight at any time and each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless otherwise stated or there is a change in your subscription price. ForeFlight shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the pertinent Website(s) or in usual subscriber communications. If you do not wish to continue with your subscription due to the new prices, you may opt out of renewal or cancel as set forth above.

4. Consent to Use of Data

You agree that ForeFlight and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, your physical location, system and application software, peripherals, and aeronautical information, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software. ForeFlight may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

5. User Contributions

Users may post reviews, prices, comments, and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of, contain or install software viruses, “worms” or other malicious or destructive content, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam,” including without limitation machine generated, randomly generated, misleading, or unwanted commercial content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. ForeFlight reserves the right (but not the obligation) to (i) refuse or remove any content that, in ForeFlight’s reasonable opinion, violates any ForeFlight policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the features to any individual or entity for any reason, in ForeFlight’s sole discretion. All content is to be provided in the English language.

If you do post content or submit material you grant ForeFlight a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ForeFlight and sublicensees the right to use the first part of your account email address (excluding the domain) in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the downloading, copying, and use of the content will not infringe the proprietary or intellectual property rights of any third party (including, if applicable, your employer); that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ForeFlight for all claims resulting from content you supply. ForeFlight has the right but not the obligation to monitor and edit or remove any activity or content. ForeFlight takes no responsibility and assumes no liability for any content posted by you or any third party.

6. Responsibility of Users

ForeFlight has not reviewed, and cannot review, all of the material, including computer software, posted by other Users, and cannot therefore be responsible for that material’s content, use or effects. By operating the service, ForeFlight does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The User generated content may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The comments may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ForeFlight disclaims any responsibility for any harm resulting from the use of User generated content, or from any downloading by Users of content there posted.

7. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ForeFlight links, and that link to ForeFlight. ForeFlight does not have any control over those non-ForeFlight websites and webpages, and is not responsible for their contents or their use. By linking to a non-ForeFlight website or webpage, ForeFlight does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ForeFlight disclaims any responsibility for any harm resulting from your use of non-ForeFlight websites and webpages.

8. Copyright Infringement and DMCA Policy

As ForeFlight asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ForeFlight violates your copyright, you are encouraged to notify ForeFlight in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. ForeFlight will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ForeFlight or others, ForeFlight may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, ForeFlight will have no obligation to provide a refund of any amounts previously paid to ForeFlight.

9. Third Party Pricing and Product Availability

To the extent that products or prices offered by third parties may be displayed within the Software or User generated comments, such content is by its nature subject to change without notice by the offeror, and is neither independently confirmed by ForeFlight nor guaranteed to be accurate or current.

10. Electronic Communications

By using the Service, you consent to receiving electronic communications from ForeFlight relating to your account. These communications may be by email to your email address provided during registration, or by posting communications on the Service, or in the “Your Account” page. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should retain copies of electronic communications by printing a paper copy or saving an electronic copy. If you receive other communications from us, including marketing or promotional materials, and you wish to no longer receive such non-transactional communications, you may opt out of such messages by logging into the Account page on the appropriate Website and updating the “email preferences”.

11. No Warranty; Other Limitations.

THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. FOREFLIGHT DOES NOT AND CANNOT WARRANT THE SERVICE FOR ACCURACY, RELIABILITY, COMPLETENESS, SAFETY, SECURITY, OR FITNESS FOR ANY PARTICULAR PURPOSES. THEREFORE, YOU UNDERSTAND AND AGREE THAT THE SERVICE AND SOFTWARE LICENSED HEREUNDER IS INTENDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES; THAT IT INCORPORATES INFORMATION PROVIDED BY THIRD PARTIES OVER WHICH FOREFLIGHT HAS NO CONTROL; AND THAT IN NO CASE IS IT INTENDED THAT ANY INFORMATION SUPPLIED BY FOREFLIGHT, WHETHER OR NOT OF ITS OWN CREATION, BE SUBSTITUTED FOR YOUR OWN BEST JUDGMENT, OR CONFIRMATION OF INFORMATION THROUGH OFFICIAL SOURCES, IN ANY GIVEN SITUATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS RESTRICTING WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT ANY JURISDICTION DOES NOT ALLOW THE LIMITATION OF WARRANTY AS SET FORTH ABOVE, THIS PROVISION SHALL BE CONSTRUED IN THE MANNER WHICH CLOSEST REPRESENTS ITS ORIGINAL INTENT. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

THE SERVICE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOUR USE OF THIS SERVICE AND SOFTWARE IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

12. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FOREFLIGHT AND FOREFLIGHT'S LICENSORS (COLLECTIVELY REFERRED TO AS "FOREFLIGHT" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FOREFLIGHT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SERVICE OR ANY CONTENT OR SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOREFLIGHT OR A FOREFLIGHT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FOREFLIGHT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FOREFLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ForeFlight's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

14. Export Control

You may not use or otherwise export or reexport the Service or any Content or Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, and nuclear, chemical or biological weapons.

15. Controlling Law and Severability

This Agreement will be governed by and construed in accordance with the laws of the State of Texas. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

16. Complete Agreement; Governing Language

This Agreement and material referenced herein constitute the entire agreement between the parties with respect to the use of the Services and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by ForeFlight. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

17. Third Party Acknowledgements

Portions of the Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the online electronic documentation for the Software, and your use of such material is governed by their respective terms.

ForeFlight may utilize data from Universal Weather and Aviation, Inc. To the extent of such use, the following restriction applies: While Universal Weather and Aviation, Inc. believes the data to be accurate at the time of distribution, this data must be used as pre-flight reference information only for planning purposes, NOT as certified in-flight reference information. Universal shall not be liable for factual or editorial errors and users should only act or rely on the information after they confirm its continuing accuracy. Universal shall employ its best efforts to ensure all data provided is accurate.

18. Indemnification

You agree to indemnify and hold harmless ForeFlight and its licensors from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorneys fees) incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including Your employees, if any, and any property damage including any aircraft, arising out of or in any way relating to Your breach of the terms of this Agreement and/or Your use of the Service including any Content, Software, or any other things provided hereunder, whether or not arising in tort or occasioned by the negligence of ForeFlight, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness of willful misconduct of ForeFlight. Your obligations under this indemnity will survive the expiration, termination, completion or cancellation of this Agreement.

19. Legal Compliance

You 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.

20. Product Claims or Questions

Any claims by you or by any third party relating to the Service or to your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation shall be directed to ForeFlight. Questions, complaints, or claims related to the Software should be directed to:

ForeFlight, LLC
2323 S. Shepherd Dr., Suite 912
Houston, Texas 77019
(855) 583-5087
team@foreflight.com

THIS LICENSE AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FOREFLIGHT, LLC. BY CLICKING "I ACCEPT" YOU AGREE TO BE BOUND BY ITS TERMS. YOU SHOULD PRINT AND RETAIN A COPY OF THIS LICENSE AGREEMENT FOR YOUR RECORDS.