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Fly Jackson Hole, LLC Terms and Conditions


Last revised: 01/16/15

These Terms and Conditions apply to your use of the following website: www.flyjacksonhole.com (hereafter “Site”), which is owned and provided by Fly Jackson Hole, LLC (including its affiliates) (hereafter “Fly Jackson Hole” or the “Company”). By accessing or using any of the Fly Jackson Hole Internet properties including, without limitation, www.flyjacksonhole.com , mobile websites, microsites, mobile applications, Fly Jackson Hole profiles on social media sites and any other digital services or properties operated or used by Fly Jackson Hole from time to time (collectively referred to as the “Site”), you agree to comply with and be bound by these Terms and Conditions and Fly Jackson Hole’s Code of Conduct.  Your use of and access to the Site, and participation in any activities offered by Fly Jackson Hole, LLC (the “Company”) is governed by and subject to the following Terms and Conditions. Please read these Terms of Use carefully as well as the Company’s Privacy Policy.  Fly Jackson Hole

1. Your Acceptance;  Revisions to Terms of Use. The Site is available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and Fly Jackson Hole regarding your use and access to the Site. If you do not agree to these Terms and Conditions, or if you do not agree with our Privacy Policy http://www.flyjacksonhole.com/privacy.html, you must immediately terminate use of the Site, and shall not use this Website or any services offered by this Website or by the Company.  These Terms of Use will take effect at the time you begin using the Sites. Fly Jackson Hole reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use Fly Jackson Hole Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any Fly Jackson Hole Content, in your possession.BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.


Fly Jackson Hole reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Site. Your use of the Site signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Site. No revision to these Terms of Use, shall apply to a controversy or claim of which had actual notice on or before the date of any such revision.

2. Fly Jackson Hole Policies; Additional Terms and Conditions. Fly Jackson Hole’s Privacy Policy and Code of Conduct, as well as other additional terms and conditions applicable to certain portions of the Site (collectively “Additional Terms and Conditions”) are incorporated herein by reference. For instance, the Terms of Use for Sites which allow users to post comments and participate in discussion boards will apply to users of those services in addition to these Terms of Use. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

3. License Grant.  You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Site and the Fly Jackson Hole Content (as defined below under “Proprietary Rights”) for your noncommercial personal use and for no other purpose. The Company reserves the right to bar, restrict or suspend any user’s access to the Site, and/or to terminate this license at any time for any reason. The Company reserves any rights not explicitly granted in these Terms of Use.

4. License Restrictions.  Unless otherwise expressly stated in these Terms of Use or you receive Fly Jackson Hole’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Site, any Fly Jackson Hole Content (as defined below, under “Proprietary Rights”), or any portion thereof.  Further, you may not (i) use the Site for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Site, including Fly Jackson Hole Content; (ii) interfere with the proper working of the Site including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Sites.

5. Customer Accounts.  In order to use certain features of the Site, such as purchasing scenic flights, renting equipment or making reservations, you will have to create an account (“Customer Account”). You may never use another’s Customer Account without permission. When creating your Customer Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your Customer Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Customer Account.

6. Click-Through Agreements. Before using certain areas of the Sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, or for any purchases made through the Site, the Click-Through Agreement will govern.

7. Intellectual Property Ownership.  Unless otherwise noted, all text, content and documents on the Site, any names, logos, service marks, and trademarks appearing on the Site, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property including the organization, design, compilation, look and feel, illustrations, artwork, videos, music, software or other works or materials (collectively “Content”) are owned by us or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. All right, title and interest in and to the Content will at all times remain with us and/or its Owners. The trademarks “Fly Jackson Hole,” and other marks, logos and titles used on the Site are registered and/or common law trade names, trademarks or service marks owned by us and/or the Owners.

8. User Obligations. Limited Use; Restrictions on Use.  The use or misuse of any Content, except as provided in these terms and conditions, is strictly prohibited. We grant you a non-exclusive, limited, personal, non-transferable, revocable, right and license, without right to sublicense, to access and use the Content on the following conditions: (a) you may not distribute text or graphics to others without our express written consent, (b) you may not, without our permission, copy and retransmit, disseminate, broadcast or circulate or otherwise distribute this information on any other server, or modify or re-use all or part of the Content on this system or another system, (c) you shall not use any form of our name, tradename, trademark, or brand name in metatags, keywords and/or hidden text, (d) you may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Content for public or commercial purposes without our prior written permission for such use of Content, (e) you agree you will not create derivative works from or commercially exploit the Content, in whole or in part, in any way, (f) you shall not use the Site, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner, or any third party referenced therein, (g) you shall use the Content, and/or any services and products on the Site or accessible via the Website for lawful purposes only, and (h) you shall not publicly display, perform, or distribute the Content, either in whole or in part, and shall not modify, translate, alter or create any derivative works thereof. We reserve all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in any Content on the Site. We may revoke or restrict any of the foregoing rights as well as your access to the Site at any time without prior notice, including by blocking your IP Address.

You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with ‘s operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through a Fly Jackson Hole Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites. Additionally you agree to abide by Fly Jackson Hole Code of Conduct.

In addition you also agree that you will not use our Services to:

(a) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(c) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and

(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

9.  Personal Login Information. Certain features and areas of the Sites are available only with registration, login, such as Fly Jackson Hole Member account number, and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Fly Jackson Hole immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

10. Proprietary Rights.  The content of the Sites includes, without limitation, (i) Fly Jackson Hole ‘s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “ Fly Jackson Hole  Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “ Fly Jackson Hole  Content”). Fly Jackson Hole  Content is the property of Fly Jackson Hole, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Fly Jackson Hole  Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. For reprints, contact Fly Jackson Hole. Any use of Fly Jackson Hole Marks without Fly Jackson Hole‘s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in Fly Jackson Hole Content, including any such notices appearing on any Fly Jackson Hole  Content you are permitted to download, transmit, display, print, or reproduce from the Sites.

11. User Generated Content; Submitted Ideas. 

We welcome your views, comments and other communications, pictures, trackback URLs, or videos on our Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User Content”).  Except with respect to your Information (as defined and described in our Privacy Policy http://www.flyjacksonhole.com/privacy.html), we do not want and cannot accept any ideas or information you consider to be confidential and/or proprietary. All comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed by you on or through a Site shall be deemed to be non-confidential and non-proprietary and shall be our exclusive property and we shall be entitled to unrestricted use of the information for any purpose whatsoever, without compensation to you.

By contributing User Content to any of the Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant Fly Jackson Hole a nonexclusive license to display, reproduce, transmit, modify such User Content and that Fly Jackson Hole may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact Fly Jackson Hole’s Copyright Agent as identified in these Terms of Use. Fly Jackson Hole does not approve, endorse, or adopt any User Content, and Fly Jackson Hole assumes no liability for any User Content submitted by you or others. You agree to indemnify Fly Jackson Hole against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on the social media profiles. Please note that other participants may use posted information beyond the control of Fly Jackson Hole. All user content is read at your own risk, and Fly Jackson Hole recommends that you not rely on the information or advice in any of these postings.

Fly Jackson Hole retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. Fly Jackson Hole also retains the right to ban or block a user from posting on FLY JACKSON HOLE social media profiles without notice for a pattern of inappropriate postings or as it deems necessary. All user content must comply with the FLY JACKSON HOLE Code of Conduct.

You acknowledge, consent and agree that Fly Jackson Hole may access, preserve and disclose your account information and the User Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of Fly Jackson Hole to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.

12. Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement.  Fly Jackson Hole respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same.   If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Fly Jackson Hole’s Copyright Agent please submit a notification detailing such alleged infringement pursuant to the Digital Millenium Copyright Act (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to our designated agent, (“Copyright Agent”), as set forth below, and (ii) must include the following: 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; 

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site; 

• a description of where the material that you claim is infringing is located on the site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; 

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 

Our Copyright Agent to receive DMCA Takedown Notices is: Doug Schultz, PO Box 3236 Jackson, WY 83001. For clarity, only DMCA Takedown Notices should be sent to the Copyright Agent.

13. United States Only.  By using the Site or the Company, you agree and acknowledge that your use of the Site or the Company is governed by U.S. law, and you consent to the application of the laws of the United States and/or the State of Wyoming, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Wyoming, and to the exclusive jurisdiction of the District Court for Teton County, Wyoming, Ninth Judicial District.

14.   Use of Websites and Content outside of the United States. Fly Jackson Hole makes no claims regarding access or use of the Sites or Fly Jackson Hole Content outside of the United States. If you use or access the Sites or Fly Jackson Hole Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

15. Advertisers.  The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. Fly Jackson Hole shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

16. Links to Third Party Websites.  The Sites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk.

17. Links to Websites, Content, Sharing of Content.  Links posted by third parties to the Sites and/or Fly Jackson Hole  Content may not use Fly Jackson Hole trademark or logo and shall not suggest that Fly Jackson Hole  promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. Fly Jackson Hole  reserves the right to require any linking party to disable or remove any link that violates Fly Jackson Hole  ‘s policies, rights or causes interruption or deterioration of Fly Jackson Hole Content.

18.  Sharing of Content. You may download, copy or embed Fly Jackson Hole  Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Fly Jackson Hole  Content for other than personal use is expressly prohibited without prior written permission from, or the copyright holder identified in the copyright notice contained in Fly Jackson Hole Content. Fly Jackson Hole reserves the right to require any party sharing Fly Jackson Hole content to disable or remove the content should its use violate Fly Jackson Hole‘s policies, rights or causes interruption or deterioration of Fly Jackson Hole Content.

Fly Jackson Hole provides opportunities for user interaction within its Sites and social media profiles on sites such as Facebook, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. Fly Jackson Hole is not responsible for content or links posted by others.

19. Other Terms of Use/Services.  On sites not operated by Fly Jackson Hole, you are also subject to the Terms of Service (TOS) of that host site. Information (comments, photos, videos, etc.) you share with or post to FLY JACKSON HOLE social media profiles is also subject to the TOS of the host site and may be used by the owners of the host site for their own purposes under the host site’s TOS. For more information, consult the host website’s TOS.

20. Warranties Disclaimed.  WITHOUT LIMITING THE FOREGOING, THE CONTENT AND EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE HEREBY GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OUR EMPLOYEES AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE SITE OR CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE.

FLY JACKSON HOLE PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITES AND/OR ANY FLY JACKSON HOLE CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITES AND/OR FLY JACKSON HOLE CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (vii) FROM ANY DELAY OR FAILURE OF THE SITES ARISING OUT OF CAUSES BEYOND FLY JACKSON HOLE’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, FLY JACKSON HOLE CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITES OR FLY JACKSON HOLE CONTENT.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITES AND/OR FLY JACKSON HOLE CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

21. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ‘S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE SITE AT ANYTIME WITHOUT NOTICE.

22. Notice of Inherent Risks and Assumption of Risks.  PARTICIPATION IN ANY AND ALL RECREATION ACTIVITIES WITH FLY JACKSON HOLE, LLC, INCLUDING WITHOUT LIMITATION AVIATION/FLIGHT, AVIATION/FLIGHT INSTRUCTION, SCENIC AIR TOURS,  RENTAL OF AIRPLANES, PHOTO/VIDEO FLIGHTS AND USE OF THE FACILITIES AND EQUIPMENT, INVOLVES SUBSTANTIAL AND INHERENT RISKS, HAZARDS, AND DANGERS THAT MAY RESULT IN PERSONAL INJURY, INCAPACITY, PARALYSIS, DEATH OR DAMAGE TO PROPERTY; SUCH RISKS AND DANGERS INCLUDE WITHOUT LIMITATION, CHANGING WEATHER CONDITIONS; LIGHTNING; THUNDER STORMS; HIGH ALTITUDE; MECHANICAL AND EQUIPMENT FAILURES. YOU UNDERSTAND, ACCEPT, AND ASSUME RESPONSIBILITY FOR OBEYING ALL INFORMATION, RULES AND REGULATIONS PROVIDED TO YOU BY US IN CONNECTION WITH YOUR USE OF THE COMPANY OR ANY FACILITIES OR SERVICES AVAILABLE AT THE COMPANY, INCLUDING ALL WYOMING LAWS, AND TERMS AND CONDITIONS POSTED THROUGHOUT THE COMPANY AND EQUIPMENT. IN CONSIDERATION OF SUCH USE, AND IN ACCORDANCE WITH THE WYOMING RECREATIONAL SAFETY ACT, WYOMING STATUTES §§ 1-1-121 TO 1-1-123, YOU ACCEPT AND ASSUME ANY AND ALL RISKS AND DANGERS ASSOCIATED WITH SUCH FACILITIES AND ACTIVITIES. YOU ASSUME SOLE RESPONSIBILITY FOR ANY PERSONAL INJURIES, IF YOU INJURE ANOTHER PERSON.

PRIOR TO PARTICIPATION IN ANY OF THE ACTIVITIES OFFERED BY FLY JACKSON HOLE, YOU WILL BE REQUIRED TO SIGN A LIABILITY AND RELEASE AGREEMENT. <<Insert Link to Full Release Agreement>>

23. Indemnification; Limitation of Liability.  To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Fly Jackson Hole Parties from and against all claims arising from or in any way related to your use of the Sites and/or Fly Jackson Hole Content, a violation by you of these Terms of Use or Code of Conduct, or any other actions connected with your use of the Sites and/or Fly Jackson Hole Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. Fly Jackson Hole will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Fly Jackson Hole Parties other than under this Section.

YOUR USE OF THE SITE IS AT YOUR RISK. NEITHER US, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE OR THESE TERMS AND CONDITIONS OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).  Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, FLY JACKSON HOLE does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. Fly Jackson Hole shall not be obligated to correct or update the Sites or Fly Jackson Hole Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

24. No Framing; Links; Third Party Sites.  Framing, in-line linking or other methods of association with the Site or third party sites are expressly prohibited without our prior written approval.

25. Ability to Accept Terms and Conditions.  You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

26. Assignment.  These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

27. Changes to Pricing and Terms and Conditions.  We reserve the right to modify these Terms and Conditions, and/or prices and information provided on or through the Site, at any time, effective upon posting of an updated version of these Terms and Conditions and/or pricing on the Site.  You are responsible for regularly reviewing these Terms and Conditions for any such changes. Continued use of a Site by you after any such changes will constitute your consent to the changes.

28. Miscellaneous.  Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

29. Waiver and Severability. The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

30. Complete Agreement.  These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the relating to the Site and its use by you, and supersedes any previous written or oral communication regarding use of the Site.

31. Contact Information.  If you have any questions or concerns regarding these Terms of Use or the Sites, please visit our “Contact Us” page.

32. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Tab II:  Privacy Policy

Privacy Policy

Fly Jackson Hole Privacy Policy


Last revised: 01/16/2015

This Privacy Policy applies to your use of the following website: www.flyjacksonhole.com, (hereafter “Site”), which is owned and provided by Fly Jackson Hole, LLC (including its affiliates).  We value and respect your privacy, and this privacy policy (the “Privacy Policy”) is designed to assist you in understanding how we collect, use, and protect your information. Our Terms and Conditions available at www.flyjacksonhole.com/terms-and-conditions.html describe the terms and conditions that govern your access to and use of our Sites, are incorporated herein by reference, and form an essential part of this Privacy Policy. YOUR USE OF THE SITES SIGNIFIES YOUR CONSENT TO BE LEGALLY BOUND BY BOTH THE TERMS AND CONDITIONS APPLICABLE TO THE SITES AND THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES OR PROVIDE ANY INFORMATION TO US.

1. The Information We Collect.  We may collect several different types of personally identifiable information (“Personal Information”) which may include but is not limited to your: name, e-mail address; gender; date of birth; mailing address; credit card number.

You may choose not to provide your Personal Information; however providing Personal Information is a pre-requisite for certain activities and services available through the Site, such as creating an account, making reservations, purchasing goods, or registering for certain classes with Fly Jackson Hole, LLC (the “Company”).

2. How we Collect your Personal Information.  We may collect your Personal Information in any of the ways set forth below (each a “Channel”):


Online. In order to use certain functions or features of the Sites, you will need to create an account. As a prerequisite to account registration, you will need to provide certain types of Personal Information. You may also make reservations with the Company, register for aviation/flight lessons, rent equipment, and conduct other types of transactions on or through the Site, in which case you will need to provide payment and billing information.

In Person. You may physically provide us with your Personal Information in a variety of different ways. We may also condition participation in certain activities at the Company, such as scenic flights, on the provision of certain Personal Information. 


Contests. From time to time, we may run contests and/or sweepstakes, via our Site, through social media, or at the Company (“Contests”). If you participate in any Contests, we will collect certain Personal Information from you in order to administer the Contest. 


From Third Parties. We may, from time-to-time, receive certain Personal Information that you have provided to a third party to whom you have provided your consent to share your Personal Information with us for marketing purposes, such as opt-in email list providers.

3. Usage Information.  We may also collect certain non-personally identifiable and/or aggregate information as a result of your use of, and interaction with, the Sites (“Usage Information”). We may also use certain web measurement and tracking technologies such as cookies, web server logs, or other statistics programs to collect Usage Information and track and record how you use the Site. This data is anonymous and does not personally identify you. Usage Information helps us measure the success of the Site and its features or pages and to improve your online experience. Your browser may have an option that allows you to accept cookies, reject cookies, or receive notification when a cookie is sent, but you should note that the use of such restrictive browser settings may limit your use of the Website. In addition, we may use pixel tags, web beacons and other technologies, placed within our Site and our marketing channels, provided by our advertising partners, to measure and monitor visits to certain pages within, interactions with, the effectiveness of, and otherwise manage, our Site and online advertising.  Usage Information enables the tailoring of advertisements and offers specifically to you. In addition to such tailoring, we use Usage Information to ensure that our online presence operates properly and efficiently for you and for your individual customer experience, to evaluate the use and benefit of such presence, and to support our Site and our marketing efforts.  Currently our Site does not respond to Do Not Track features enabled through your browser.   We do not use spy ware, adware or any other similarly intrusive software. Collectively, Usage Information and Personal Information are referred to in this Privacy Policy as “Information.”

5. Use of Information Collected.  By providing your Information to us, whatever the Channel you use, you consent to our use of your Information in the following ways: 

· to provide the services, products or classes that you request;

· to combine with or enhance information provided by third parties;

· to contact you, respond to your inquiries, and send you information;

· to notify you of special offers and other services that we believe may be of interest to you;

· to analyze, manage and improve the Site;

· to notify you of important new changes to the Site;

· to help us diagnose problems with our server or other technical issues relating to the performance of the Site; or

· for marketing purposes in compliance with applicable laws.

It is our policy to require only the Personal Information necessary to complete the specific transaction that you request. We do not condition your participation in any specific activity on our Site, or the receipt of any products or services, on the disclosure of more Personal Information than is reasonably necessary.

6. Disclosure of your Information.  We may disclose the Information we collect from and about you: (a) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of the Site, or anyone else who could be harmed by such activities, or is appropriate or necessary to enforce the Terms and Conditions, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of the Site; (b) to respond to judicial process and provide Information to law enforcement agencies in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws; (c) to our business partners for research, analytical and marketing purposes, such as analyzing usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Site and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such Information on our behalf; or (d) otherwise with your consent. We may sell or buy other businesses or entities. In such event, we may transfer or assign the Information we have collected as part of such merger, acquisition, sale, or other change of control. In such transactions, your Personal Information may be included in the transferred business assets. Also, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used and your Personal Information may be included in the transferred assets. We may use your Usage Information to identify and develop products and services that may be of interest to you and/or share Information with certain third parties for direct marketing purposes with respect to special offers, products, services, programs, promotions, surveys, publications, invitations or other opportunities that may be of interest to certain demographic groups. We do not sell your Personal Information, to third parties and have no intention of doing so in the future. Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”). To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon rightful request made in writing to Fly Jackson Hole, LLC, PO Box 6869, Jackson, WY 83002. Except as explained above, we will not share any of your Personal Information with any third party, unless we have received your express permission to do so.

7. Opting Out.  You may opt-out of receiving communications from us at any time by clicking on the link provided at the bottom of each email communication.

8. Linked Sites.  Our Site may contain links to other websites (such as those of our travel partners or advertisers), which may have privacy policies that differ from our own (“Third Party Sites”). We are not responsible for the collection, use or disclosure of information collected through such Third Party Sites and expressly disclaim any liability related to such collection, use or disclosure. We are also not responsible for any information or content contained on such Third Party Sites. Links to Third Party Sites are provided solely as a convenience. Your browsing, use and interaction on any Third Party Sites, including Third Party Sites or Forums (as defined below) which have a link to the Website, are subject to the applicable Third Party Site’s own rules and policies. Accordingly, you should review the privacy policy posted on any Third Party Site that you may access through, or which links to our Site.

9. Special Disclosure Considerations for Social Media.  Our Site may permit you to participate in certain online activities, such as blogs, message boards or other forums, or may include links to certain Third Party Sites that provide social media functionality, such as Facebook, Twitter, Pinterest, or Instagram (each a “Forum”). You should be aware that if you voluntarily disclose any Information (e.g., name, email address, personal photographs) on a Forum, such information may be collected and used by others and may result in unsolicited messages or an increased risk of fraud. We have no control over this use of your Information and are not be responsible for it. In addition, if a Forum is provided by a Third Party Site, such Forum will likely be subject to its own additional rules and policies. You are responsible for your conduct on any Forum and for complying with any such rules or policies.

10. Protecting Children’s Privacy.  The Site is not designed for or directed to children under the age of 13 and we ask that children under the age of 13 not submit any personal information. We expressly request that no child under the age of 13 provide such information on their own behalf. We will not use such information for marketing purposes.

11. Security Procedures.  We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personal Information submitted via the Site. However, your email transmissions and/or other communications containing Personal Information may be unlawfully intercepted or accessed by third parties and/or the Site may be subject to hostile network attacks or administrative errors. We cannot and do not guarantee the security of any information transmitted over the Internet. Once we receive your Personal Information, we take steps that we believe are commercially reasonable to limit access to your Personal Information to only those employees and service providers whom we determine need access to the Personal Information to provide the requested products, services, offers or opportunities that may be of interest to you. However, even after we receive your Personal Information, we cannot guarantee that your Personal Information will not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your Personal Information is completely secure and safe from such risks. FOR THE AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR INFORMATION.

12. Special Note to International Users.  By using the Site, you agree and acknowledge that the Site is hosted in the United States. If you are attempting to access a Site from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, this Privacy Policy, and the Terms and Conditions, you are transferring your Personal Information to the United States and you consent to the application of the laws of the United States and/or the State of Wyoming with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Wyoming, and the exclusive jurisdiction of the District Court for Teton County, Wyoming, Ninth Judicial District.

13. Changes and Updates to the Privacy Policy.  From time to time, we may revise this Privacy Policy. To help you stay current of any changes, please note the date the Privacy Policy was last updated above. Your use of the Site following the posting of any revised version of the Privacy Policy shall be deemed acceptance of the revised Privacy Policy, therefore we strongly recommend that you check the Privacy Policy periodically. In the event we make a material change to how we use your Personal Information, we will provide you with advance notice of such change and provide you with an opportunity to opt out of such use. 

If you disagree with any of the terms of this Privacy Policy at any time, your sole remedy is to terminate your use of the Site. Continued use of the Site constitutes your agreement to the current version of the Privacy Policy in effect.

14. Miscellaneous.  If any part of this Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Privacy Policy shall continue in full force and effect.

If you have any further questions about this Privacy Policy, please email or call our Company.