Terms of Service
These Terms of Service ("Terms") apply to all FlightReady software applications, training courses, services, and content, whether downloaded from the Apple App Store or accessed through a web browser, including any ancillary services required to use them. Your access to and use of our applications, courses, and services depends on your acceptance of and ongoing compliance with these Terms.
For purposes of these Terms: "Application" means any FlightReady mobile, web-based, or desktop software application made available by Aeroapps. "Courses" means the FlightReady training courses. "Services" means the Application, the Courses, and all related content and services made available by Aeroapps.
By creating an account, whether through a FlightReady iOS application or any FlightReady web-based service, and whether created by you directly or created on your behalf by an authorized organization such as a flight school, you agree to be bound by these Terms. If you do not agree, you may not create an account or use any of the Services. Your continued use of the Services constitutes your ongoing acceptance of these Terms as they may be amended from time to time.
To access the Services, you may be required to create or maintain an account. You agree to provide correct, current, and complete account information and to update it promptly when it changes. You agree that Aeroapps may use the contact and account information you provide to communicate with you about the Services, including operational messages, these Terms, and legal notices. Communications sent to the email address or other contact information associated with your account will, to the extent permitted by applicable law, satisfy any requirement that Aeroapps provide you notice in writing or electronically.
Geographic eligibility. The Services are offered only to individuals who are located in the United States or Canada. You may not create an account or use the Services unless you are located in the United States or Canada at the time of account creation and while you use the Services. By creating an account and by continuing to use the Services, you represent and warrant that you are located in the United States or Canada and that you will not access or use the Services from any other country or territory. Aeroapps may suspend or terminate your account if it reasonably determines that you are accessing or using the Services from outside the United States or Canada.
1. Ownership.
The Services contain proprietary content owned by Aeroapps and its licensors and are protected by copyright, intellectual property laws, and international treaties. Aeroapps and its licensors retain all rights, title, and interest—including copyrights, patents, trade secrets, trademarks, and other intellectual property rights—in the Services. The Services are licensed to you, not sold. By using the Services, you agree to comply with these Terms and to use the Services only as intended.
All rights not expressly granted to you are reserved by Aeroapps. You acknowledge that the Services contain proprietary information and trade secrets, and you agree to protect them with the same care you would use for your own confidential information.
2. Permitted Uses and Restrictions.
These Terms permit you to install and use any Application and access the Services on devices that you own and control, subject to the device limits below and to any third-party terms in these Terms. THE SERVICES ARE NOT INTENDED FOR USE, AND MAY NOT BE USED, IN SITUATIONS WHERE FAILURE OR MISUSE COULD RESULT IN DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGE.
Device limits. You may access web-based Services from a maximum of two (2) devices at any given time. You may install and use the Applications on a maximum of three (3) iOS devices in total, across all Applications combined. Aeroapps may enforce these limits, including by requiring you to deauthorize an existing device before adding another.
One person per license. Each account and license is issued to a single individual. Your account credentials are personal to you. You may not share your credentials with, transfer your account to, or otherwise allow access to the Services by any other person—including family members, classmates, coworkers, or students. Each user must obtain and maintain their own account and license. Aeroapps may suspend or terminate any account it reasonably believes is being shared.
Account security and responsibility. You may not share your account login information or account credentials with anyone else. You may not make your account available to anyone else, including by allowing another person to use your login. You are responsible for all activity occurring under your account. You agree to notify Aeroapps immediately if you become aware of any unauthorized access to your account by sending an email to abuse@flightready.net.
Email address requirements. You may not register for or access the Services using a temporary, disposable, anonymous, or throwaway email address service. Aeroapps may reject, suspend, or terminate accounts that use such email addresses, or may require replacement with a valid permanent email address at any time.
Course access. Courses may only be accessed and used through an Application. You may not download, store outside the Application, reuse, or otherwise access any Course by any other means unless expressly permitted by a separate written agreement with Aeroapps. Capturing, printing, reproducing, or distributing any course content to any other individual or entity is strictly prohibited.
Personal, non-commercial use only. Your access to and use of Courses is strictly limited to your personal, non-commercial use. Any other use requires Aeroapps' prior written permission. No portion of any Course may be distributed or provided to third parties, whether modified or unmodified. You may not use any Course material to develop your own training programs, study materials, or applications, whether for internal or external purposes. You may not present, teach from, or allow any other person to access the Courses by any means or through any device.
Screenshots and recordings. Taking screenshots, screen recordings, photographs, or otherwise printing, reproducing, or capturing content from any Service is permitted only for your own personal reference. Capturing content for any non-personal purpose is prohibited, including (without limitation) sharing with others, public posting or distribution, use in any third-party application or service, or use as input to develop applications, services, or products. Systematic or excessive capture of Course content, including creating a personal archive or offline copy of substantial portions of a Course, is prohibited. Personal-reference screenshots and screen recordings are intended only for limited reference use and may not be used to create an archival reproduction of substantial portions of a Course. Aeroapps reserves the right to determine that capturing a large number of screenshots or screen recordings exceeds the scope of permitted use.
Prohibited conduct regarding the Services. You must not abuse, harm, interfere with, or disrupt the Services or other users' use of the Services, including (without limitation) by introducing viruses, malware, or other harmful code; spamming; conducting or facilitating denial-of-service attacks or other attacks that degrade, overload, or impair the Services; or attempting to bypass, circumvent, disable, or defeat any technical, security, or operational measure of the Services.
3. Transfer.
You may not: (a) copy, reproduce, or publish the Services; (b) distribute copies of the Services or accompanying materials to others; (c) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services; (d) scrape, harvest, extract, or otherwise systematically collect content, data, or media from the Services, whether by automated means or otherwise; (e) use the Services or any content captured from them to develop, train, or build competing courses, training programs, study materials, applications, datasets, or machine-learning models; (f) assign, rent, lease, lend, or sublicense the Services; or (g) sell or transfer the Services.
4. Refunds & Cancellations.
All sales of digital content and digitally delivered services, including training courses, are final and non-refundable. We may, at our sole discretion, grant a partial or full refund or allow an exchange after considering the reason, the time elapsed since purchase, and the extent of product usage. If you purchased the wrong course, your sole remedy is an exchange for the correct course, provided you request it within seven (7) calendar days of the original purchase date and have completed less than 25% of the Course, as determined by Aeroapps.
If you purchased a subscription through Apple's App Store, billing, cancellations, and refunds are managed directly by Apple and are subject to Apple's App Store Terms and Conditions. We cannot process cancellations or issue refunds for App Store purchases. To manage or cancel your subscription, use the App Store app on your iOS device. Cancellations take effect at the end of the current billing period. Charges already billed by Apple are non-refundable, and we cannot modify or prorate App Store subscription terms. For App Store billing support, visit https://support.apple.com/billing.
If you purchased a subscription directly from us, you may cancel at any time via the Application or by logging into your account at https://www.flightready.net. Cancellations take effect at the end of the current billing period and do not relieve you of the obligation to pay any outstanding charges accrued before the effective cancellation date. A failed payment (such as a declined credit card) does not constitute cancellation and does not waive any amounts due.
If Aeroapps suspends or terminates your subscription or access in the circumstances described in Section 13, any refund of fees you paid directly to Aeroapps (including any pro rata refund) is governed by Section 13. If you purchased a subscription through Apple's App Store or another app distributor, any refunds following suspension or termination by Aeroapps are subject solely to that app distributor's terms and policies, not these Terms.
Unpaid amounts not received by the due date may, at our discretion, accrue interest at 1.5% per month (18% per year) or the maximum rate permitted by law, whichever is lower, beginning on the original due date until paid in full. If we take action to collect unpaid fees, you agree to pay all collection costs, including reasonable attorney fees, court costs, and related expenses, whether or not litigation is initiated.
5. Assumption of Risk.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS APPLICATION IS AT YOUR SOLE RISK.
6. Consent to Use of Data.
You agree that Aeroapps may collect and use technical, user, and other information, including device identifiers, computer details, physical location, system and application software, and peripherals, gathered periodically to deliver software updates, product support, and other services related to the Services. Aeroapps may use this information, consistent with our Privacy Policy, to improve our products or to provide services or technologies to you. We use Fathom Analytics for privacy-first, cookieless website analytics; Fathom does not collect personally identifiable information and does not use cookies. Payment processing is handled by Stripe; we do not store credit card information. See our Privacy Policy for complete details on data collection, third-party services, and your rights.
7. Syncing Of Data.
The Application may automatically sync data between your devices and remote servers. Use of this service requires the necessary account(s), accurate user information, installation on compatible devices, and Internet access. You are responsible for meeting these requirements. Service availability may be affected by factors outside Aeroapps' control, and Aeroapps reserves the right to limit the number of devices associated with an account and/or the number of accounts associated with a device, including by enforcing the device limits in Section 2.
8. Location Data.
Certain Applications use location-based services. By enabling such features, you consent to Aeroapps' collection, use, transmission, processing, and maintenance of device location data to provide and improve features and services. You may withdraw this consent at any time by uninstalling the Application or disabling location-based services for the Application on your device. Some Applications may require location services to function properly.
9. Privacy.
Your use of the Services is subject to Aeroapps' Privacy Policy, which describes how Aeroapps collects, uses, stores, and discloses information.
10. User Generated Content.
a. You agree not to post or publish any reviews, comments, or other content about Aeroapps or the Services ("User Generated Content") that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or that contains software viruses, "worms," or other malicious or destructive content, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" (including machine-generated, randomly generated, misleading, or unwanted commercial content). You may not use a false email address, impersonate any person or entity, or otherwise misrepresent the origin of content. Aeroapps reserves the right (but has no obligation) to (i) refuse, remove, or take steps to have removed any User Generated Content that, in Aeroapps' reasonable opinion, violates any Aeroapps policy or is harmful or objectionable, or (ii) terminate or deny access to the Services to any individual or entity for any reason in Aeroapps' sole discretion.
b. Each time you post or publish User Generated Content, you:
i. Grant Aeroapps a non-exclusive, royalty-free, perpetual, irrevocable, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that content worldwide in any medium; and
ii. Represent and warrant that you own or control all rights to the content; 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 does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Aeroapps for all claims resulting from content you supply.
c. Aeroapps has the right—but not the obligation—to monitor and edit or remove any User Generated Content that violates these Terms. Aeroapps takes no responsibility and assumes no liability for User Generated Content.
11. External Content.
Aeroapps has not reviewed, and as a practical matter cannot review, all material outside the Services, including third-party websites that Aeroapps links to or that link to Aeroapps. Aeroapps has no control over third-party websites and is not responsible for their contents or use. Linking to a website does not imply endorsement. You are responsible for taking precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Aeroapps disclaims any responsibility for harm resulting from your use of third-party websites.
12. Copyright Infringement and DMCA Policy.
If you believe that material in the Services or otherwise distributed by Aeroapps infringes your copyright, you may notify Aeroapps under the Digital Millennium Copyright Act ("DMCA"). Aeroapps will respond to all DMCA notices, including by removing or disabling access to the infringing material as required or appropriate. If a user infringes—or repeatedly infringes—the copyrights or other intellectual property rights of Aeroapps or others, Aeroapps may, in its sole discretion, terminate or deny that user's access to the Services. Aeroapps will not provide a refund following such termination.
13. Termination.
You may stop accessing the Services at any time by discontinuing use and, where applicable, cancelling subscriptions as described in Section 4.
Aeroapps may suspend or terminate your access to the Services (including any subscription) at any time without prior notice if Aeroapps reasonably believes you have breached these Terms, or if Aeroapps must do so to comply with applicable law.
Aeroapps may also terminate your account if you have been inactive for more than one (1) year and you do not have a paid account (including no active subscription or other then-current paid access to the Services). If Aeroapps terminates your account due to inactivity under this paragraph, Aeroapps will provide you with notice before doing so.
If Aeroapps terminates your access to the Services because you violated these Terms, you are not entitled to any refund of amounts you already paid for the Services, including without limitation subscriptions, prepaid access periods, one-time purchases of digital content or training courses, application licenses, and other non-subscription fees, and you are not entitled to any refund for any unused portion of any subscription or prepaid period, except where applicable law requires otherwise.
Aeroapps may also terminate your subscription or access at any time for any other reason. If Aeroapps exercises that right and you purchased the subscription or prepaid access directly from Aeroapps (for example through https://www.flightready.net or a FlightReady Application), Aeroapps will refund you, on a pro rata basis, the fees you paid for the remaining portion of your then-current subscription or prepaid period after the effective date of termination, unless applicable law requires a different treatment. If you purchased a subscription through Apple's App Store or another app distributor, any refunds are subject solely to that app distributor's terms and policies, not these Terms.
Your rights under these Terms terminate automatically without notice from Aeroapps if you fail to comply with any term. Upon termination, you must stop using the Services, remove all Applications and Courses from your devices, and destroy all copies in your possession, custody, or control. All provisions of these Terms except the license grant survive termination and remain in effect.
Upon termination of your account, Aeroapps may delete or permanently remove data and content stored in association with your account in Aeroapps' systems, except where applicable law or Aeroapps' Privacy Policy requires retention for a specified period.
14. No Device Or Operating System Warranty; Other Limitations.
Aeroapps is not responsible for defects in any device, browser, or operating system used with the Services and does not warrant compatibility of any device, browser, or operating system with the Services. If the Application is not compatible with a device, browser, or operating system, the exclusive remedy under this Section is, at Aeroapps' option, a refund of the Application license purchase price.
15. Disclaimer of Warranties.
a. THE SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. AEROAPPS DOES NOT AND CANNOT WARRANT THE SERVICES FOR ACCURACY, RELIABILITY, COMPLETENESS, SAFETY, OR FITNESS FOR THE INTENDED USE. YOU UNDERSTAND AND AGREE THAT:
i. THE SERVICES ARE INTENDED SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES;
ii. THE SERVICES INCORPORATE INFORMATION PROVIDED BY THIRD PARTIES OVER WHICH AEROAPPS HAS NO CONTROL; AND
iii. INFORMATION SUPPLIED BY AEROAPPS, WHETHER OR NOT OF ITS OWN CREATION, SHOULD NOT BE SUBSTITUTED FOR YOUR OWN BEST JUDGMENT OR FOR CONFIRMATION OF INFORMATION THROUGH OFFICIAL SOURCES IN ANY GIVEN SITUATION.
b. AEROAPPS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE SERVICES' FUNCTIONS WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE FROM AEROAPPS OR AN AUTHORIZED REPRESENTATIVE CREATES A WARRANTY. SHOULD THE SERVICES 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 EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability.
a. DISCLAIMER AND RELEASE OF LIABILITY. THE CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS, LIABILITIES, AND WARRANTIES (IF ANY) OF AEROAPPS AND YOUR REMEDIES SET FORTH IN THESE TERMS OF SERVICE ARE EXCLUSIVE. YOU WAIVE, RELEASE, AND RENOUNCE ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OBLIGATIONS, AND LIABILITIES OF AEROAPPS, AND ANY OTHER RIGHTS, CLAIMS, AND REMEDIES YOU MAY HAVE AGAINST AEROAPPS—EXPRESS OR IMPLIED, ARISING BY LAW, EQUITY, OR OTHERWISE—WITH RESPECT TO THESE TERMS OF SERVICE, ANY INFORMATION YOU SUPPLY, THE SERVICES, AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS OF THE SERVICES, INCLUDING BUT NOT LIMITED TO:
i. ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, QUIET ENJOYMENT, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS;
ii. ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE;
iii. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY ARISING IN STRICT LIABILITY OR TORT, WHETHER OR NOT ARISING FROM AEROAPPS' NEGLIGENCE; AND
iv. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY FOR LOSS OF OR DAMAGE TO ANY OF LICENSEE'S PROPERTY, INCLUDING WITHOUT LIMITATION ANY AIRCRAFT.
b. NO ORAL OR WRITTEN INFORMATION OR ADVICE FROM AEROAPPS CREATES A WARRANTY. SHOULD THE SERVICES 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 EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
c. EXCLUSION OF SPECIFIED LOSSES AND DAMAGES. YOU AGREE THAT AEROAPPS HAS NO OBLIGATION OR LIABILITY—DIRECT OR INDIRECT, AND WHETHER ARISING IN LAW, EQUITY, CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY—FOR:
i. LOSS OF USE, REVENUE, PROFIT, ANTICIPATED SAVINGS, BUSINESS VALUE, OPPORTUNITY, OR GOODWILL;
ii. LOSSES OR DAMAGES FROM BUSINESS INTERRUPTION;
iii. LOSSES OR DAMAGES FROM DELAY IN PERFORMANCE AND THE COST OF SUBSTITUTE PROCUREMENT;
iv. LOSSES OR DAMAGES FROM DATA OR INFORMATION THAT IS LOST, CORRUPTED, OR OTHERWISE DAMAGED, IN WHOLE OR IN PART; OR
v. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PURELY ECONOMIC LOSSES OR DAMAGES.
d. MAXIMUM LIABILITY. IN NO EVENT WILL AEROAPPS' TOTAL LIABILITY—WHETHER IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE—ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, INCLUDING USE OR INABILITY TO USE THE SERVICES, EXCEED $100.00 USD.
17. Export Control.
You may not use, export, or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. The Services may not be exported or re-exported (a) to any U.S. embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree not to use the Services for any purpose prohibited by United States law, including, without limitation, the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons.
18. Government End Users.
The Application and related documentation are "Commercial Items" as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights granted to all other end users under the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
19. Entire Agreement.
These Terms contain the entire agreement of the parties relating to its subject matter. No waiver of any breach is a waiver of any later breach. If any provision of these Terms is held invalid or unenforceable, the remaining provisions are not affected.
20. Changes to These Terms.
Aeroapps may modify these Terms at any time at its sole discretion. Modifications take effect when posted, and your continued use of any Service after the modifications are posted constitutes your acceptance of the modified Terms. If you do not agree to a modification, your sole and exclusive remedy is to stop using the Services and uninstall all Applications from your devices.
21. Dispute Resolution; Arbitration.
Informal Resolution. Before initiating any formal proceeding, you agree to contact Aeroapps in writing at the address in Section 25 and give Aeroapps thirty (30) days to attempt to resolve the dispute informally.
Binding Arbitration. If the dispute is not resolved informally within thirty (30) days, any claim, controversy, or dispute arising out of or relating to these Terms or the Services, except as provided below, shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in Maricopa County, Arizona, or by remote means if agreed by both parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. YOU AND AEROAPPS EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court finds this waiver unenforceable in a particular case, that case shall proceed in court rather than in arbitration, but this waiver remains in effect for all other cases.
Exceptions. Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent imminent harm. Small claims court actions within the jurisdictional limits of such courts are also exempt from this arbitration requirement.
Opt-Out. If you are a new user, you may opt out of this arbitration agreement by notifying Aeroapps in writing within thirty (30) days of first creating your account. Opting out does not affect any other provision of these Terms.
22. Controlling Law and Severability.
These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to choice-of-law rules that would apply the law of any other jurisdiction. Each party agrees that, to the extent a dispute is permitted to proceed in court under Section 21, any legal action, proceeding, controversy, or claim between the parties arising out of or relating to these Terms or their subject matter may be brought and prosecuted only in the United States District Court for the District of Arizona or, if that court lacks or declines to exercise subject-matter jurisdiction, in the courts of the State of Arizona. By agreeing to these Terms, each party submits to the exclusive jurisdiction of those courts and waives any objection based on improper venue or inconvenient forum.
Nothing in this Section limits the arbitration requirements in Section 21. To the extent any dispute proceeds in court pursuant to an exception in that Section, the forum and jurisdiction provisions of this Section apply.
These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If a court of competent jurisdiction finds any provision—or any portion of a provision—unenforceable, the remainder of these Terms remain in full force and effect.
23. Legal Compliance.
You represent and warrant that (i) you are located in the United States or Canada when you create an account and while you use the Services, and you will not create an account or use the Services from any other country or territory; (ii) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country; and (iii) you are not on any U.S. Government list of prohibited or restricted parties.
24. Accuracy of Data Sources.
The weather, airport, and aeronautical information provided through the Services—including information from the Federal Aviation Administration and the National Weather Service—is subject to service interruptions and may contain errors or inaccuracies. Do not rely on this information exclusively; consult alternate and official information sources before making decisions that affect the safety of flight or human life. You acknowledge and agree that you are solely responsible for your use of information provided through the Services and for all decisions you make based on it. By using the Services, you release and waive any claims against Aeroapps regarding the information provided through the Services.
25. Claims or Questions.
Any claim by you or any third party relating to the Services or to your possession or use of the Services—including (i) product liability claims, (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement, and (iii) claims under consumer protection or similar legislation—must be directed to Aeroapps, not to Apple. Direct questions, complaints, and claims to Aeroapps at https://www.flightready.net/support or by writing to:
Aeroapps Technology, LLC, 3120 W Carefree Hwy, Ste 1, Phoenix AZ 85086
26. Apple App Store Terms.
If you install or use any Application on an Apple® operating system, you also agree as follows:
i. Acknowledgement. These Terms are between you and Aeroapps only, not Apple. The usage rules for the Application are subject to any additional restrictions in the Usage Rules of the Apple App Store Terms of Service in effect on the date you download the Application; if those Usage Rules conflict with these Terms, the more restrictive provision governs.
ii. Scope of License. The license granted to you is a non-transferable license to use the Application on any iPhone or iPad that you own or control, as permitted by the Apple App Store Usage Rules and subject to the device limits in Section 2.
iii. Maintenance and Support. Apple has no obligation to provide any maintenance or technical support services for the Application.
iv. Warranty. Apple is not responsible for any product warranties, express or implied by law, with respect to the Application. If the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid Apple for the Application; to the maximum extent permitted by law, Apple has no other warranty obligation. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a warranty failure are the sole responsibility of Aeroapps. As stated in these Terms, however, Aeroapps disclaims all warranties of any kind with respect to the Application, so no warranties apply.
v. Product Claims. Aeroapps is responsible for addressing any claim by you or any third party relating to the Application or your possession or use of it, including (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims under consumer protection or similar legislation.
vi. Intellectual Property Rights. If a third party claims that your possession or use of the Application infringes that third party's intellectual property rights, Apple has no responsibility or liability for the investigation, defense, settlement, or discharge of any such claim.
vii. Third-Party Terms. You must comply with applicable third-party terms when using the Application.
viii. Third-Party Beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, on your acceptance of these terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
ix. Name and Mailing Address of Aeroapps. Aeroapps Technology, LLC, 3120 W Carefree Hwy, Ste 1, Phoenix AZ 85086.