Legal

Terms of Service

Last revised: February 3, 2024

Thank you for your interest in StickMonkey!

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Introduction

StickMonkey, Inc. and its subsidiaries (collectively, “StickMonkey”, “we”, or “us”), provide an online aircraft sharing platform that connects aircraft owners with pilots seeking to book those aircraft. StickMonkey is accessible online including at https://www.flystickmonkey.com and as an application for mobile devices. The StickMonkey websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other StickMonkey users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and StickMonkey.

These Terms, together with the StickMonkey privacy policy, cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, and the additional policies (together, the “Policies”) constitute the “Agreement” between you and StickMonkey (each a “Party” and together, “the Parties”).

Modification. StickMonkey reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your StickMonkey Account within 30 days. If you choose to close your StickMonkey Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

Eligibility, registration, verification

Eligibility

The Services are intended solely for pilots who meet our requirements in the location where the aircraft is booked and aircraft owners who are qualified. Any use of the Services by anyone that does not meet these requirements is expressly prohibited.

Registration

To access certain features of the Services, you must sign up for an account with us (a “StickMonkey Account”). You can create a StickMonkey Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including Apple, Facebook, and Google). When you book an aircraft as a traveler or guest (“guest”), you provide us with certain additional information about yourself. Similarly, when you list an aircraft as an aircraft owner or host (“host”), you provide us with certain additional information about yourself and your aircraft (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your StickMonkey Account up to date at all times. Based on information you provide, StickMonkey may impose additional requirements for you to book a flight (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements). To fight spam and abuse of the Services, StickMonkey has implemented reCAPTCHA Enterprise, and your use of reCAPTCHA is subject to a separate Privacy Policy and Terms of Use.

Verification

Where permitted, StickMonkey has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including flying history and FAA certificate(s) validity and (2) verify aircraft details. StickMonkey does not endorse any aircraft, user, or a user’s background, or commit to undertake any specific screening process. StickMonkey may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize StickMonkey to request, receive, use, and store such information. StickMonkey may permit or refuse your request to book or list an aircraft in its sole and absolute discretion. StickMonkey may, but does not commit to, undertake efforts to ensure the safety of aircraft shared through the Services. We do not make any representations about, confirm, or endorse the safety, airworthiness, or legal status of any aircraft beyond our policies that require hosts to ensure their aircraft are in safe and operable condition, legally registered to be flown, owned by the party listing the aircraft, not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

Consumer Report Authorization. When you attempt to book or list an aircraft, or at any time after where StickMonkey reasonably believes there may be an increased level of risk associated with your StickMonkey Account, you hereby provide StickMonkey with written instructions and authorize StickMonkey, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business flight insurance details, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.

Fees, taxes

Fees

The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your flight at checkout before you submit your flight request. When you provide StickMonkey a payment method, you authorize StickMonkey, or third-party service providers acting on behalf of StickMonkey, to store your payment credential for future use in the event you owe StickMonkey any money. You authorize StickMonkey to use stored payment credentials for balances, including for Flight costs, host fees, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. Any use of referral travel credit is governed by the terms and conditions outlined here.

Collection of fees

StickMonkey and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. StickMonkey, or the collection agencies we retain, may also report information about your StickMonkey Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your StickMonkey Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information StickMonkey reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please email info@flystickmonkey.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your StickMonkey Account, you must contact the collection agency directly.

Taxes

In certain jurisdictions, StickMonkey may enable the collection and remittance of certain taxes from or on behalf of guests or hosts, based on existing and future tax regulations, including marketplace facilitator or aircraft sharing regulations. The amount of taxes, if any, collected and remitted by StickMonkey will be visible to, and separately stated, to both guests and hosts on their respective flight related documents and invoices. Where StickMonkey is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their aircraft sharing in that jurisdiction.

Your commitments

You agree that you will always use your StickMonkey Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by StickMonkey.

Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your StickMonkey Account. Keep your StickMonkey Account information, including your password, secure. 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 StickMonkey Account, whether or not you have authorized such activities or actions. You will immediately notify StickMonkey of any actual or suspected unauthorized use of your StickMonkey Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your StickMonkey Account unless you have reported unauthorized access to us.

Content

StickMonkey Content and User Content License. Subject to your compliance with the provisions of these Terms, StickMonkey grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any StickMonkey and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by StickMonkey or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your aircraft, reviews, feedback, and descriptions of you, your aircraft, or flight. By making available any content on or through the Services, or through StickMonkey promotional campaigns, you grant StickMonkey a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to StickMonkey photography provided to hosts, StickMonkey does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright Protection. We respond to notices of alleged copyright infringement and terminate StickMonkey Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.

Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including: Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights

Post false, inaccurate, misleading, defamatory, or libelous content

Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to StickMonkey, or that comes from the Services and belongs to another StickMonkey user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of StickMonkey

Dilute, tarnish, or otherwise harm the StickMonkey brand in any way, including: Through unauthorized use of the Services and/or user content

Registering and/or using "StickMonkey" or derivative terms in domain names, trade names, trademarks, or otherwise

Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to StickMonkey domains, trademarks, taglines, promotional campaigns, or StickMonkey and/or user content

Provide or submit any false or misleading information, including: False name, date of birth, FAA certificate details, payment method, insurance, or other personal information

In relation to a claim (for example about damage to an aircraft)

By registering for a StickMonkey Account on behalf of an individual other than yourself

Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Fail to honor your commitments, including: Fail to pay fees, penalties, or other amounts owed to StickMonkey or another user

Fail, as either a guest or host, to timely deliver, make available, or return any aircraft and optional Extras, unless you have a valid reason

Use the Services to find a host or guest, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by StickMonkey (aka, gray market transactions, which do not necessarily require the exchange of money)

Transfer your StickMonkey Account and/or user ID to another party without our consent

Leave an aircraft unlocked or running, except where instructed to do so directly by StickMonkey in certain limited circumstances

Harm or threaten to harm users of our community, including: Harass, stalk, or defame any other StickMonkey user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms

Engage in physically or verbally abusive or threatening conduct

Post objectionable content, including but not limited to, nudity or profanity

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, payment method details, or account numbers

Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the StickMonkey community

Sue or assert legal claims against StickMonkey or a StickMonkey user in any manner prohibited or waived by these Terms

Use the Services for your own unrelated purposes, including to: Contact another StickMonkey user for any purpose other than in relation to a booking, aircraft, listing, or the use of the Services by such user

Commercialize any content found on the Services or software associated with the Services, including reviews

Harvest or otherwise collect information about users without their and our consent

Recruit or otherwise solicit any user to join third-party services or websites that are competitive to StickMonkey, without our prior written approval

Interfere with the operation of the Services, including by: Interfering with any other user’s listings

Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)

Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm StickMonkey or the interests or property of others

Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure

Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise

Using, displaying, mirroring, or framing the Services or any individual element within the Services, the StickMonkey name, any StickMonkey trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of StickMonkey

Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers

Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures

Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by StickMonkey or any of our service providers or any other third party (including another user) to protect the Services

Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information

Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services

Endeavoring to circumvent a suspension, termination, or closure of your StickMonkey Account or the account of another StickMonkey user, including, but not limited to, creating a new StickMonkey Account or listing aircraft affiliated with or registered to a StickMonkey Account holder that has been suspended, terminated, or closed

Other legal matters

Violations. StickMonkey has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

StickMonkey reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that StickMonkey, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing StickMonkey, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your StickMonkey Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Communications with you. You agree that StickMonkey may contact you by electronic means (e.g., electronic mail; notifications via StickMonkey messaging; app notification) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your StickMonkey Account or StickMonkey Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where StickMonkey is required to obtain your consent for such communications, you may choose to revoke your consent.

You authorize StickMonkey and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with StickMonkey or its agents for quality control, training, or other purposes. You understand and agree that your communications with StickMonkey may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead by email at info@flystickmonkey.com. If you do not wish to have your chat activity recorded or monitored, please do not use the chat function on the Services.

Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.

Insurance plans. StickMonkey is not an insurance company and does not insure hosts or guests. Please refer to the specific terms for guests and specific terms for hosts sections below for additional information based on the nature of your use of the Services.

Specific terms for guests

The following sections also apply if you book an aircraft using the Services:

Guest commitments

As a guest, you commit that you will be a certificated pilot and provide proof to the host or via the Services of a current, valid private pilot certificate. You will treat the aircraft and any applicable Extras well and will take all reasonable measures to return the aircraft and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the flight details as an Approved Pilot to fly the aircraft you booked.

Guest financial responsibility for physical damage to the aircraft The guest that booked the flight (“primary guest”) is financially responsible for all physical damage to or theft of a booked aircraft that occurs during a flight, plus any additional costs and fees resulting from damage of any kind to the aircraft, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own insurance or not.

Primary guests may be insured against damage to the booked aircraft under their own aviation policies. When you book an aircraft on StickMonkey, you agree that if any damage occurs to the booked aircraft during the booked flight, you will work with StickMonkey to make a claim for coverage under any policy of insurance that applies to the loss.

Aircraft liability insurance and legal liability protection If the guest has their own personal aviation policy, it will be primary over the aviation liability insurance provided with each flight, depending on various factors such as applicable laws, where the guest books the aircraft, and/or where the accident or damages occur.

Use of the aircraft

When you book an aircraft on the Services, you must use the aircraft only for your personal use or for commercial purposes for which you have valid FAA certificates and upon which you and the host have agreed unless you have express written permission from the StickMonkey Legal Department in advance or as otherwise described here. You may not access an aircraft until the flight start time and you must return the aircraft on time and to the correct location. You must present the host with a current, valid private pilot certificate. You must exercise reasonable care in your use of the aircraft. You are required at all times to operate the aircraft safely, and in compliance with all applicable laws, including without limitation, prohibitions on impaired or distracted flying. In the event StickMonkey has any concern about your use of an aircraft, StickMonkey may terminate your flight in its discretion at any time and require the return of the aircraft, including recovering the aircraft on behalf of the host. You are required to wear seat belts during the operation of the aircraft and to require that all of your passengers wear seat belts. You must not leave the aircraft unlocked or with the keys not secured. You must not engage in any prohibited uses with any aircraft you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact info@flystickmonkey.com. If you misuse an aircraft, you will be fully financially responsible for any related claims, loss, or damage. Guests also acknowledge that using an aircraft in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits or nullify coverage where allowed by applicable law.

Condition of the aircraft and optional Extras

You understand that third parties own the aircraft and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the aircraft is registered and insured) and maintaining their aircraft in safe and airworthy condition. Please complete a visual inspection before you begin your use of the aircraft. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, StickMonkey, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the aircraft is not safe to fly, please do not use the aircraft; instead, please contact the StickMonkey team immediately at 1-815-715-5239.

No responsibility for shared aircraft

You acknowledge that StickMonkey is not responsible and shall not be liable for the safety, airworthiness, or legal status (e.g., whether the aircraft is legally registered) of any aircraft shared via the Services beyond our policies that require hosts to ensure their aircraft are in safe and operable condition, legally registered to be flown, have current and valid airworthiness certificates, not subject to any applicable safety recalls, and otherwise satisfy our eligibility requirements.

Incident reporting

If there has been an incident, you must make a report to the FAA. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide StickMonkey or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by StickMonkey, third party claims administrators, or insurers. After an incident, you may not continue to use the aircraft unless you have the explicit permission of StickMonkey staff.

Aircraft theft

The following conduct may result in the reporting of the aircraft you have booked as stolen to law enforcement, possibly subjecting you and any other pilot to arrest and civil and/or criminal penalties:

If you fail to return the aircraft you booked at the time and place agreed upon with the host and/or designated in your reservation (weather permitting)

If you do not return the aircraft by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services

If the aircraft is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, an aircraft occurring prior to the host inspecting the aircraft upon return at the end of the reservation is the guest’s responsibility

If you misrepresent facts to the host pertaining to booking, use, or operation of aircraft

If the aircraft’s interior components are stolen or damaged or the aircraft itself is stolen or damaged when the aircraft is left unlocked or running or unattended with the keys not secured during reservation period

If you fail or refuse to communicate in good faith with the host, police, the FAA, StickMonkey, or other authorities with a full report of any accident or vandalism involving the aircraft or otherwise fail to cooperate in the investigation of any accident or vandalism

If the aircraft is operated by anyone who has given a fictitious name, false address, or a false or invalid private pilot certificate, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or StickMonkey material to the booking, use, or operation of aircraft

The primary guest who books the reservation is responsible for any private investigation costs StickMonkey deems necessary to recover an aircraft that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if StickMonkey and/or the host has to report an aircraft as stolen to law enforcement due to it not being returned.

Repossession. StickMonkey, a hired agent of StickMonkey, or the host may repossess any aircraft booked through the Services without demand, at the guest’s expense, if the aircraft is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing aircraft. If an aircraft you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the aircraft is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, the FAA, StickMonkey, and other authorities in all matters related to the investigation.

Specific terms for hosts

The following sections also apply if you share your aircraft through the Services:

Host commitments

As a host, you commit that you will provide a safe, legally registered, and insured aircraft in good mechanical condition. You will provide such aircraft on time but only to a guest who is listed on the Services as an Approved Pilot for the flight. Other than what is required for you to verify a guest’s private pilot license, FAA certificates, and insurance coverage, you will not collect any information or documentation from your guest at check-in. You commit that your listings will be complete and accurate and you will honor all representations made in your listings, including honoring the price quoted to a guest. You will not cancel a booking for the purpose of seeking a higher price from a guest. You will not offer any aircraft or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party, including, but not limited to, a lease or financing agreement. If your aircraft is subject to a lease, loan, or other financing agreement, you must confirm sharing your aircraft on StickMonkey does not violate the terms of the contract with the lienholder. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer any aircraft that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer an aircraft that is not airworthy in the location where it is shared, and it will not have any illegal modifications to any part of the aircraft. You will remove any firearms or other weapons from your aircraft prior to providing it to a guest. You will repay loans related to your StickMonkey business on time and in full. When you direct StickMonkey to retrieve your account information from third parties, you grant StickMonkey a limited power of attorney to access the third-party services to retrieve such account information; StickMonkey will be acting as your agent and will not be acting on behalf of the third party.

Aircraft information given at listing

When you sign up for StickMonkey, you will identify passenger aircraft that you want to list for sharing through the Services. You may only use the Services in connection with aircraft that you own or otherwise have all the necessary rights and permissions to share for compensation. If the aircraft you list on the Services is enabled with a device or OEM technology capable of determining location of the aircraft, collecting telematics data, disabling technology, or image capturing you agree to comply with the requirements for tracking and technology devices and applicable law.

StickMonkey photography

StickMonkey may offer hosts the option of having photographers take photographs of their aircraft and/or hosts with their aircraft (“Images”). You alone are responsible for using the Images in connection with your StickMonkey listing and you agree that you will cease using the Images if they no longer accurately represent your aircraft. You agree that StickMonkey is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or StickMonkey’s ownership or registration thereof. You acknowledge that StickMonkey may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the StickMonkey photography program, you agree that you will not use the Images in connection with sharing your aircraft on any platform, website, or application other than StickMonkey. At StickMonkey’s request, you will execute documents and take such further acts as StickMonkey may reasonably request to assist StickMonkey to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

Aircraft availability

Once a flight is booked, you must make the aircraft available or deliver the aircraft as expected by the guest. If you offer the guest the option to pick up your aircraft at a persistent specified location, you must supply the location of the aircraft accurately to StickMonkey and ensure that the aircraft is available at that location at the beginning of the reservation period. You must verify that a prospective guest has a current, valid private pilot certificate before you provide the guest your aircraft, and ensure the private pilot certificate matches the name on the reservation and that the person picking up the aircraft appears to match the photograph on a facially valid private pilot certificate.

Pricing, earnings, and payments

You will have the ability to set and revise the aircraft’s pricing as you choose. Should StickMonkey collect payment, StickMonkey will pay you the amount collected from guests that book your aircraft, less any applicable fees payable to StickMonkey. To the extent you owe StickMonkey or any third party lender money for any reason, StickMonkey also reserves the right to deduct those amounts from your earnings payment, debit your bank account, charge any of your payment methods on file, and/or send you an invoice.

Payment Processing. Payment processing services, as applicable, are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). You agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of StickMonkey enabling payment processing services through Stripe, you authorize StickMonkey to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your aircraft. You further agree to provide accurate and complete information about you, and authorize StickMonkey to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. StickMonkey reserves the right to switch payment processing vendors at its discretion.

Airport delivery; personal aircraft sharing regulations Some airports where you offer delivery may take the position that you must have a permit to use airport premises and remit fees. You are responsible for all fees and financial obligations arising from the use of airport premises.

Maintenance

You are required to regularly check your aircraft for any defects in its operations or safety. You promise that, at all times, your aircraft will be in safe and airworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your aircraft to be booked. In addition, if StickMonkey believes that your aircraft does not conform to reasonable standards, StickMonkey may notify you and reserves the right to remove or decline listing your aircraft until its concerns have been resolved. StickMonkey may, but does not commit to, undertake efforts to ensure the safety of aircraft booked through the Services.

Reporting aircraft damage

If you believe that a guest has caused any damage to your aircraft, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the flight) and to provide reasonable cooperation in the investigation of the damage.

Physical damage to your aircraft

Host-specific insurance matters. You will maintain valid and up to date registration information and proof of insurance in any aircraft you share on the Services. You must maintain your own aviation insurance policy for any aircraft you list on the Services and such policy must meet any minimum insurance levels required by law. You may need additional insurance coverage, including physical damage coverage, if you share an aircraft subject to a lease or loan. You agree to provide StickMonkey with information regarding your aviation insurance policy as may be requested and to keep such information up to date.

Missing aircraft

If your aircraft goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact a StickMonkey representative and follow his or her instructions, including cooperating with StickMonkey, the police, the FAA, and any other authorities in all related to the investigation of the theft. If you are instructed by StickMonkey to file a police report, you must do so within 24 hours of receiving those instructions.

Dispute resolution

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND STICKMONKEY HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution for hosts and guests residing in the United States section.

Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and StickMonkey agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at info@flystickmonkey.com . Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from StickMonkey. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with either FairClaims or the American Arbitration Association (“AAA”) as set forth below, pursuant to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA's website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or StickMonkey shall not be disclosed to the arbitrator.

Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see "Arbitration procedures" below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of California will apply, without regard to its conflict of law provisions.

Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and StickMonkey (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) and/or any other StickMonkey user will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with StickMonkey, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or sharing an aircraft). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.

Exceptions to Agreement to Arbitrate The only exceptions to this Agreement to Arbitrate are as follows:

Disputes or claims that can be brought in small claims court

Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues

Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues

Any remedy of public injunctive relief that is required by California law (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues

Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

The arbitration will be conducted by FairClaims in accordance with its Arbitration Rules and Procedures effective at the time a claim is made. Where the relief sought is $25,000 or less (not including attorneys' fees and expenses), those Arbitration Rules and Procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate.

In all cases in which a live hearing is requested or required, you and/or StickMonkey may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same StickMonkey user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.

Costs of arbitration. If you initiate arbitration proceedings, you will be responsible for certain costs. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), you will be responsible for the initial filing fee, capped at $375, and StickMonkey will cover any additional fees or costs. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), you and StickMonkey will each pay your own arbitration fees consistent with the rules set by FairClaims (or AAA, as applicable) at the time the claim was made, unless otherwise stated in these Terms.

Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.

Right to opt-out of arbitration; procedure. IF YOU ARE A NEW STICKMONKEY USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO INFO@FLYSTICKMONKEY.COM ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST FLIGHT ON STICKMONKEY AS A GUEST OR HOST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your StickMonkey Account to info@flystickmonkey.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Los Angeles, California.

Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if StickMonkey makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against StickMonkey prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to StickMonkey, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.

Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Los Angeles, California. The Parties agree to submit to the personal jurisdiction of a state court located in Los Angeles County, Los Angeles, California or a United States District Court for the Central District of California located in Los Angeles, California. The Parties agree that the substantive law of the state of California will apply to any such claim or dispute without regard to conflict of law provisions.

Prohibition of class and representative actions and non-individualized relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.

General provisions

Termination

You may discontinue your use of the Services at any time and StickMonkey may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and StickMonkey may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

No aircraft transfer or assignment Except as otherwise provided herein, guests and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in an aircraft or optional Extras shared through the Services.

Disclaimers

STICKMONKEY PROVIDES SERVICES THAT ENABLE THE SHARING OF AIRCRAFT AND OPTIONAL EXTRAS BETWEEN HOSTS AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, STICKMONKEY DOES NOT ITSELF PROVIDE AIRCRAFT SHARING, RENTAL SERVICES, AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE AIRCRAFT OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-AIRCRAFT GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, STICKMONKEY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. StickMonkey makes no warranty that the Services, including, but not limited to, the listing and/or any aircraft or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. StickMonkey makes no warranty regarding the quality of any listings, aircraft, hosts, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from StickMonkey or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of liability and waiver

YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST STICKMONKEY AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “STICKMONKEY PARTIES”) AND ANY STICKMONKEY USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) AIRCRAFT AVAILABILITY (E.G., AN AIRCRAFT NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH AN AIRCRAFT (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH AN AIRCRAFT), (3) AIRCRAFT WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE AIRCRAFT), (4) THE LEGAL OR LICENSE STATUS OF AN AIRCRAFT, HOST, OR GUEST, (5) THIRD PARTY ASSESSMENTS OF AN AIRCRAFT'S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR GUEST.

YOU AGREE THAT NEITHER STICKMONKEY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY AIRCRAFT OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.

We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Products (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages.

Except for our obligations to pay amounts to applicable hosts or guests pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the StickMonkey Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.

YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY STICKMONKEY USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STICKMONKEY AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.

Indemnification

You agree to release, defend, indemnify, and hold StickMonkey and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of an aircraft or creation of a listing for an aircraft. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of an aircraft or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between StickMonkey and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for StickMonkey to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the StickMonkey domains, trademarks, or taglines without StickMonkey's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the StickMonkey Parties or a StickMonkey user in any manner prohibited or waived herein, (4) as a host, sharing your aircraft via the Services with expired registration or without current registration paperwork in the aircraft, (5) as a host, offering any aircraft that is the subject of a Missing Air Crew Report, (6) as a host, offering any aircraft or releasing an aircraft to a guest that is not airworthy or is otherwise in an unsafe condition, (7) as a host, cancel or modify a flight to manipulate the price or potential earnings for an aircraft, or (8) creating or using a StickMonkey account that has the effect of circumventing StickMonkey’s suspension, termination, or closure of another StickMonkey account. You will pay StickMonkey $5,500 per breach in Liquidated Damages to compensate StickMonkey for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between StickMonkey and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Not an aircraft rental company; no aircraft leasing

StickMonkey is not an aircraft rental company. It does not own a fleet of aircraft and is not in the business of renting aircraft to the public. StickMonkey also is not providing short- or long-term aircraft leases. StickMonkey provides an online platform where aircraft owners and those in need of an aircraft can meet and share aircraft amongst themselves subject to these Terms.

Rounding off

StickMonkey may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar) unless explicitly prohibited under applicable law.

Contact us

If you have any questions for us concerning the Agreement, or StickMonkey generally, please contact us at info@flystickmonkey.com.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Consumer Information Center of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1-800-952-5210.

Governing law

The parties agree that the substantive laws of the state of California apply to these Terms and the Agreement without regard to conflict of law provisions.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

General

StickMonkey does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of StickMonkey and StickMonkey will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.

The Agreement, including these Terms, states the entire understanding between you and StickMonkey concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your aircraft on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of StickMonkey. You will remain responsible for your obligations hereunder in any event. A StickMonkey director or officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.