Last Updated: 02.13.2024

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

 

This Universal Terms of Service Agreement (this “ Agreement ”) is a contract between you and Domaincanyon, as agent for Domain Names, Websites, Hosting and Online Marketing Tools – X Flight School (“ Website Domains, Online Stores and Hosting | Flight School ") and becomes effective on the date you use or electronically accept this website ("Site"). This Agreement sets forth the general terms and conditions of your use of this Site and the products and services purchased or accessed through this Site (individually and collectively, the “ Services ”). Any contracts, agreements and/or additional policies governing specific Services that exist in addition to (not replace) this Agreement (“ Services Agreements ”). In the event of an inconsistency between the terms of a Services Agreement and the terms of this Agreement, the terms of the applicable Services Agreement will control.

“We”, “us” or “our” refer to Website Domains, Online Stores and Hosting | X stands for Flight School. The terms “you”, “your”, “User” or “customer” shall mean any person or entity who accepts this Agreement, accesses your account or uses the Site or Services. Nothing in this Agreement will be deemed to confer any third party rights or benefits.

 

2. CHANGE OF THE AGREEMENT, SITE OR SERVICES

 

 

Website Domains, Online Stores and Hosting | X Flight School may, in its sole discretion, change or modify this Agreement, any policies or agreements incorporated herein at any time, and such changes or modifications will be effective immediately upon posting on the Site. Your use of this Site or Services after any such changes or modifications will be deemed your acceptance of the latest version of this Agreement. If you do not agree to the final version of this Agreement, do not use (or continue to use) this Site or the Services. Also, Website Domains, Online Stores and Hosting | X Flight School may notify you of changes or modifications to this Agreement from time to time by e-mail. Therefore, it is very important that you keep your account (“ Account ”) information up to date. Website Domains, Online Stores and Hosting | X Flight School assumes no liability or responsibility for your failure to receive an email notification if such error results from an incorrect or outdated email address. In addition, Website Domains, Online Stores and Hosting | X Flight School may terminate Your use of the Services in the event of any breach by You of the terms of this Agreement. WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | X FLIGHT SCHOOL RESERVES THE RIGHT TO EDIT, CHANGE OR REMOVE ANY PORTION OF THIS SITE OR SERVICES, INCLUDING PRICES AND FEES, AT ANY TIME.

 

3. COMPLIANCE; AUTHORITY

 

This Site and Services may only be used by individuals or entities (“ Users ”) who can form legally binding contracts under applicable laws . By using this Site or Services, you represent that: (i) you are at least eighteen (18) years of age, (ii) you are able to form legally binding contracts under applicable law, and/or (iii) you represent and warrant that you are purchasing Services offered under the laws of the United States or other relevant jurisdictions. You acknowledge and agree that you are not a person prohibited from receiving or receiving.

If you are accepting this Agreement on behalf of an entity, you represent and warrant that you have the legal authority to bind that entity to the terms and conditions contained in this Agreement; In this case, the term "you", "User" or "customer" refers to this legal entity. After your electronic acceptance to this Agreement Website Domains, Online Stores and Hosting | If X Flight School determines that you do not have the legal authority to bind that entity, you will be held personally liable for the obligations contained in this Agreement, including but not limited to payment obligations. Website Domains, Online Stores and Hosting | X Flight School, Website Domains, Online Stores and Hosting | X Flight School is responsible for Website Domains, Online Stores and Hosting | X Flight School will not be liable for any loss or damage arising from its reliance on instructions, notices, documents or correspondence that it believes to be accurate and coming from an authorized representative of your company. If there is reasonable doubt as to the authenticity of this instruction, notice, document or communication, Website Domains, Online Stores and Hosting | X Flight School reserves the right (but assumes no responsibility) to require you to complete additional identity verification. You also agree to be bound by the terms of this Agreement to which you are a party to transactions, anyone acting as your agent, and anyone using your account or the Services.

 

4. YOUR ACCOUNT

 

 

To access some features of this Site or the Services, you must create an Account. Website Domains, Online Stores and Hosting | For X Flight School, you represent and agree that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. Website Domains, Online Stores and Hosting | If for any reason X Flight School believes that your Account information is incorrect, incomplete or invalid, Website Domains, Online Stores and Hosting | X Flight School reserves the right to suspend and terminate your Account at its sole discretion. You are solely responsible for activities that occur on your Account, whether or not authorized by you, and you must maintain the security of your Account information, including, without limitation, your customer number/login, password, Payment Methods (as described below) and customer PIN. Website Domains, Online Stores and Hosting for security purposes | X Flight School recommends that you change your password and customer PIN for each Account at least every six (6) months. For any breach of security or unauthorized use of your account, Website Domains, Online Stores and Hosting | You must notify X Flight School immediately. Website Domains, Online Stores and Hosting | X Flight School will not be liable for any losses that may occur due to unauthorized use of your account. However, regardless of whether it is caused by you or by an authorized or unauthorized person, your Account may not be responsible for Website Domains, Online Stores and Hosting | You may be held liable for loss suffered by X Flight School or others.

 

5. GENERAL RULES OF CONDUCT

 

 

You acknowledge and agree that:

1. Your use of this Site and the Services, including any content you submit, will be in compliance with this Agreement, any Service Agreements or policies that may apply to the Services, and all applicable local, state, national and international laws, rules and regulations.
2. You may not collect or compile (or allow others to collect or compile) User Content (as defined below) or any non-generic or personally identifiable information about any User or other person without their express prior written consent.

 

 

 

3. Website Domains, Online Stores and Hosting | You may not use this Site or the Services as determined by X Flight School in its sole discretion:
   • is illegal or promotes or encourages illegal activities;
   • promotes, supports or engages in any activity related to the dissemination of child abuse or child sexual abuse material (CSAM);
   • promotes, supports or engages in terrorism, violence against people, animals or property;
   • promotes, supports or engages in any spam or other unsolicited mass e-mailing or any act of computer or network hacking or cracking;
   • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation or promotes, promotes or engages in the sale or distribution of prescription drugs without a valid prescription;
   • Violates the Anti-Online Sex Trafficking Act of 2017 (FOSTA) or similar legislation or promotes or facilitates prostitution and/or sex trafficking;
   • infringes the intellectual property rights of another person or business;
   • violates the privacy or publicity rights of another User or any other person or entity, or breaches your duty of confidentiality to another User or any other person or entity;
   • Interferes with the operation of this Site or the Services found on this Site;
   • contains or installs viruses, worms, bugs, Trojan horses or any other code, files or programs designed to disrupt, damage or limit the functionality of any software or hardware; or
   • Website Domains, Online Stores and Hosting | X Flight School or Website Domains, Online Stores and Hosting | Uses false or deceptive language or makes unsupported or comparative claims regarding the X Flight School Services.
   • You may not conduct any fraudulent, abusive or fraudulent activity. You may not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, as we determine in our sole discretion;

 

 

4. You will not engage in any false, malicious or fraudulent activity. You may not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, as we determine in our sole discretion;
5. Website Domains, Online Stores and Hosting | You may not copy or publish any part of this Site or Services in any medium unless you are expressly authorized by X Flight School.
6. You may not edit or modify any part of this Site, the Services contained on this Site, or any technology associated with this Site.
7. Website Domains, Online Stores and Hosting (as defined below) | X Flight School Content or User Content may be accessed through this Site itself or Website Domains, Online Stores and Hosting | You may not gain access using any technology or method other than a method as may be determined by X Flight School.
8. You agree to back up all of your User Content so that you can access and use it when needed. Website Domains, Online Stores and Hosting | X Flight School does not guarantee to back up any Account or User Content, and you acknowledge that you accept the risk of losing all of your User Content.
9. Website Domains, Online Stores and Hosting | X Flight School's Services, including all related technologies, Website Domains, Online Stores and Hosting | You may not resell or offer it for a commercial purpose without the express prior written consent of X Flight School.
10. Not to interfere with, disable or otherwise tamper with security-related features of this Site or the Services contained on this Site (including, without limitation, features that prevent or restrict the use or copying of Website Domains, Online Stores and Hosting | X Flight School Content or User Content (including but not limited to) or the use of this Site or the Services contained on this Site, Website Domains, Online Stores and Hosting | You agree not to limit the use of the X Flight School Content or any User Content contained therein.
11. You agree to provide government-approved photo identification and/or government-certified business identification for identity verification when requested.

 

 

12. Website Domains, Online Stores and Hosting | You understand that X Flight School may call you regarding your account at certain times and for the purposes of these calls, Website Domain Names, Online Stores and Hosting | Regardless of whether X Flight School requests any specific permission from you, you agree that X Flight School may record all such calls, where permitted, subject to all applicable laws and our limitations and obligations thereunder. In addition, to the extent permitted by applicable law, such records may be registered in Website Domains, Online Stores and Hosting | You agree that it may be presented as evidence in legal processes in which X Flight School is a party. You can also provide your phone or mobile number to Website Domains, Online Stores and Hosting | You consent to receive marketing text messages from or on behalf of X Flight School, which may be initiated by an automatic telephone dialing system and/or use artificial or pre-recorded voice. Your consent means Website Domains, Online Stores and Hosting | You understand that it is not a condition of purchasing products or services from X Flight School. By giving your mobile phone, you can be contacted by the automatic telephone dialing system Website Domains, Online Stores and Hosting | You consent to receive marketing text messages that may be sent from or on behalf of X Flight School. Your consent means Website Domains, Online Stores and Hosting | You understand that it is not a condition of purchasing products or services from X Flight School. Message and data rates may apply.

 

 

13. Website Domains, Online Stores and Hosting | Without limiting any rights granted elsewhere in this Agreement, whose Account or Services have previously been terminated or suspended due to violation of X Flight School policy; (ii) deny future access to this Site or any Services to any User who engages in improper or illegal activities or business while using the Site or Services (as determined by Website Domains, Online Stores and Hosting | expressly reserves the right to cancel, terminate, suspend or limit (including, without limitation, the right to cancel or transfer any domain name registration).
14. If your purchase or account activity shows signs of fraud, abuse or suspicious activity, Website Domains, Online Stores and Hosting | X Flight School; You may cancel any service associated with your name, email address or account and all associated Website Domains, Online Stores and Hosting | X Flight School may close its accounts. Website Domains, Online Stores and Hosting | If X Flight School determines, in its sole discretion, that any activity undertaken is fraudulent, Website Domains, Online Stores and Hosting | X Flight School reserves the right to take all necessary legal action, including litigation costs and damages for monetary damages, including Website Domains, Online Stores and Hosting | You may be liable to X Flight School. To object to cancellation of services or deactivation or closure of an account Website Domains, Online Stores and Hosting | Contact X Flight School Care.

 

6. PROTECTION OF YOUR DATA

 

Website Domains, Online Stores and Hosting | X Flight School makes certain hosted Services available to you in the course of your use of such Services (“Covered Services”), which may involve the transmission, collection and/or use of personally identifying or identifiable information about you or your customers (“Your Data”). For the purposes of this Section, your Data does not include User Data. Website Domains, Online Stores and Hosting referred to herein and applicable to the Covered Services | The X Flight School  Data Processing Addendum  (“DPA”) is intended to provide you with a contractual assurance that we have robust mechanisms to ensure the transfer of your Data, including the transfer from the DPA to the Covered Services, is carried out in accordance with applicable data privacy laws.

For the purposes of the DPA and the Standard Contractual Clauses annexed to the DPA (when and as applicable), you (and your relevant affiliates) are deemed to be the Data Controller/Data Exporter and have agreed to the terms of service governing the Covered Services. The term of purchase of the Covered Services shall also be deemed to constitute approval and acceptance of the DPA and its annexes (including the Standard Contractual Clauses and its annexes). To print, sign or submit a physical copy of the DPA, please contact privacy@Website Domains, Online Stores and Hosting | Send an email request to X Flight School.com.

Covered Services as defined in this Section and the DPA include hosted services subject to the terms and conditions of the following Agreements: (1)  Domain Name Registration , (2)  Email Marketing Services , (3)  Websites + Marketing Tools , (4)  Hosting , (5)  Online Accounting , (6)  Online Store / Quick Shopping Cart , (7)  Smartline  and (8)  Ready Website Services .

 

7. USER CONTENT

 

 

Users, Website Domains, Online Stores and Hosting | By using certain features of this Site or the Services, including the Services hosted by ideas, comments or suggestions, including but not limited to photographs to be used (“ User Submissions ”) or (b) literary, artistic, musical or other content, including but not limited to photographs and videos (together with User Submissions, (“ User Content ”) . All content submitted through your account is considered User Content. By submitting or posting User Content to this Site or Services, you represent and warrant to Website Domains, Online Stores and Hosting | You have all necessary rights to distribute the User Content through this Site or the Services because you are or have written distribution rights, licenses, consents and/or permissions from the copyright or other rights owner in the User Content, and (ii) you do not exercise any third party rights in the User Content. You represent and warrant that there is no infringement. You will be solely responsible for any and all of your User Content or User Content posted from your Account and the consequences and requirements of its distribution.

 

 

User Submissions.  User Submissions are completely voluntary, do not create a confidential relationship or constitute Website Domains, Online Stores & Hosting | You acknowledge and agree that X Flight School is not required to treat your User Submissions as confidential or proprietary. Website Domains, Online Stores and Hosting | X Flight School has no obligation, express or implied, to develop or use your User Submissions, and that any intentional or unintentional use of your User Submissions will not give rise to compensation, and Website Domains, Online Stores and Hosting | You acknowledge and agree that

Website Domains, Online Stores and Hosting | The has the right to use and disseminate it in any way.

 

Kullanıcı Gönderimleri Dışındaki Kullanıcı İçerikleri. Bu Siteye veya Hizmetler aracılığıyla Kullanıcı İçeriği göndererek veya buralarda yayınlayarak, Web Sitesi Alan Adları, Çevrimiçi Mağazalar ve Barındırma | X Flight School tarafına Kullanıcı İçeriğinin bu Site ve bu Sözleşme uyarınca kullanılabilmesi için Kullanıcı İçeriğinizin fikri mülkiyet ve diğer mülkiyet haklarını kullanma yetkisi verirsiniz. Bu belgede Web Sitesi Alan Adları, Çevrimiçi Mağazalar ve Barındırma | X Flight School tarafına Kullanıcı İçeriğini bu Siteyle, Hizmetlerle ve Web Sitesi Alan Adları, Çevrimiçi Mağazalar ve Barındırma | X Flight School (ve Web Sitesi Alan Adları, Çevrimiçi Mağazalar ve Barındırma | X Flight School iş ortakları) işleriyle, bu Sitenin farklı medya kanallarında farklı medya biçimlerinde tanıtılması, kısmen veya tamamen yeniden dağıtılması dahil olmak ancak bununla sınırlı olmamak üzere bağlantılı olarak kullanmak, çoğaltmak, dağıtmak, türevlerini hazırlamak, diğer çalışmalarla birleştirmek, görüntülemek ve gerçekleştirmek için dünya çapında, münhasır olmayan, ücretsiz, alt lisansı verilebilir (birden fazla katman aracılığıyla) ve aktarılabilir bir lisansı herhangi bir ücret, beklenti, sizden veya üçüncü bir taraftan izin veya size ya da üçüncü bir tarafa bildirim gereksinimi olmadan verirsiniz. Ayrıca bu Sitenin her Kullanıcısına, bu Site üzerinden Kullanıcı İçeriğinize erişmek (“gizli” veya “şifre korumalı” olarak belirlediğiniz Kullanıcı İçeriği hariç olmak üzere) ve Kullanıcı İçeriğinizi bu Sitenin işlevleri ve bu Sözleşmenin izin verdiği ölçüde kullanmak, çoğaltmak, dağıtmak, türevlerini hazırlamak, diğer çalışmalarla birleştirmek, sergilemek ve gerçekleştirmek için münhasır olmayan bir lisans verirsiniz. Kullanıcı İçeriğinizle birlikte verilen yukarıdaki lisanslar, Kullanıcı İçeriğini bu Siteden kaldırdıktan veya sildikten sonra ticari olarak makul bir süre içinde iptal olur. Ancak, Web Sitesi Alan Adları, Çevrimiçi Mağazalar ve Barındırma | X Flight School tarafının kaldırılan veya silinen Kullanıcı İçeriğinin kopyasını sunucularında tutabileceğini (ancak dağıtamayacağını, görüntüleyemeyeceğini veya gerçekleştiremeyeceğini) anlar ve kabul edersiniz. Kullanıcı İçeriğinizle birlikte verilen yukarıdaki lisanslar, süreklidir ve geri alınamaz. Burada aksini belirten hükümleri geçersiz kılmadan, Web Sitesi Alan Adları, Çevrimiçi Mağazalar ve Barındırma | X Flight School gizli veya şifre korumalı olarak belirlediğiniz veya bu Sitenin tanıtımı amacıyla Web Sitesi Alan Adları, Çevrimiçi Mağazalar ve Barındırma | X Flight School (veya Web Sitesi Alan Adları, Çevrimiçi Mağazalar ve Barındırma | X Flight School iş ortakları) işletmeleri tarafından belirlenen Kullanıcı içeriğini kullanamaz. Web Sitesi Alan Adları, Çevrimiçi Mağazalar ve Barındırma | X Flight School tarafından barındırılan bir web sitesine veya başka içeriğe sahipseniz, Kullanıcı İçeriği ile ilgili tüm sahipliğe veya lisans haklarına sahip olmanız gerekir.

8. AVAILABILITY OF WEBSITE/SERVICES

 

 

Subject to the terms and conditions of this Agreement and our other policies and procedures, we will use commercially reasonable efforts to attempt to provide this Site and Services twenty-four (24) hours a day, seven (7) days a week. This Site is not used due to, but not limited to, the following; You acknowledge and agree that it may from time to time be inaccessible or inoperable for a number of reasons: equipment malfunctions; events beyond our control or reasonable prediction, including, but not limited to, periodic maintenance or occasional repairs or replacement of parts, or interruption or malfunction of telecommunications or digital transmission links, hostile network attacks, network congestion or other malfunctions. You acknowledge that the continuous or uninterrupted operation of this Site or the Service is beyond our control and that we shall have no liability to you or any third party in connection therewith.

 

9. PRODUCT CREDITS

 

 

If you receive a product credit (“ Credit ”), free of charge, with the purchase of another product (“ Purchased Product ”) or to be used towards the purchase of a specific product, this Credit is valid for one (1) year only and is valid only for a valid purchase. You acknowledge and agree that it can be used with the transaction and may be terminated if the purchased product is deleted, cancelled, transferred or not renewed. The credit, if unused, will expire one (1) year from the date of purchase of the Purchased Product. If credit is used, after the initial subscription period the product will automatically renew at the then-current renewal fee until cancelled. If you wish to cancel the automatic renewal of the product, you can do so by visiting your Account or contacting customer service. If the Purchased Product includes a free domain name, the standard price of the domain name will be deducted from the refund amount if you cancel the Purchased Product. List price, Website Domains, Online Stores and Hosting | This is the domain name price listed on X Flight School's website and is not subject to promotions, discounts or other price reductions. You acknowledge and agree that, at our sole discretion, we may replace your Credit with a similar product for Credits provided free of charge with another Purchased Product.

 

10. MONITORING AND MODERATION OF CONTENT; RESTRICTION POLICY

 

 

While using the Site and/or any Services, you will not provide, post, publish, share or distribute any illegal content or any content that does not comply with or violates this Agreement (including, without limitation, Sections 5, 7 and 16 of this Agreement). You will not make it available or accessible in any other way.

Website Domains, Online Stores and Hosting | X Flight School generally does not filter User Content (such as that posted on or on the website hosted by X Flight School on Website Domains, Online Stores and Hosting | X Flight School). But Website Domains, Online Stores and Hosting | X Flight School reserves the right (but not the duty) to do so, subject to applicable law, and to determine whether any User Content is usable or complies with this Agreement. For example, Website Domains, Online Stores and Hosting | X Flight School may optionally screen or pre-screen materials for possible child abuse material and take action against such material.

Website Domains, Online Stores and Hosting | X Flight School may, at any time, in advance, in the event of any submission or publication of material that violates this Agreement or any other violation of this Agreement (at the sole discretion of Website Domains, Online Stores and Hosting | X Flight School). may remove any portion of User Content (published on or on the website hosted by Website Domains, Online Stores and Hosting | Also Website Domains, Online Stores and Hosting | X Flight School, Website Domains, Online Stores and Hosting | X Flight School may terminate a User's access to this Site or the Services at this Site if X Flight School has reason to believe that the User has engaged in repeated misconduct.

Website Domains, Online Stores and Hosting | If X Flight School terminates your access to this Site or the Services contained on this Site, Website Domains, Online Stores and Hosting | X Flight School may, at its sole discretion, remove and delete the data and files you store on its servers.

 

11. EUROPEAN UNION DIGITAL SERVICES ACT (“DSA”) ADDITIONAL TERMS OF SERVICE

 

This section 11 is effective from 17 February 2024, the effective date of the EU Digital Services Act.

11.1 This Section 11 contains provisions, processes that complement the remainder of this Agreement, as set forth in the DSA, which regulates the provision of certain digital intermediary services provided in the European Union (“EU”), establishes rules regarding the role of providers, and imposes content moderation requirements and transparency obligations. and explanations are included. These terms will only apply to you if you are in the EU and/or use the Services or Site that fall under the DSA. In the event of a conflict between the terms set forth in this Section 11 and any other terms of the Agreement, the terms of Section 11 shall control.

11.2 Rules of conduct. Users are prohibited from providing, publishing or transmitting content that is inconsistent with or violates this Agreement (including, without limitation, Sections 5, 7 and 16) or applicable laws in the EU or any EU country (“Unauthorized Content”).

11.3 Content moderation overview. Website Domains, Online Stores and Hosting | X Flight School may optionally take action against any Unauthorized Content in accordance with Section 10 above. Website Domains, Online Stores and Hosting | The may receive orders from EU authorities reporting the existence of illegal content. Website Domains, Online Stores and Hosting | X Flight School will process these orders and notifications and take action based on the information provided. These actions are listed in 11.5 below. It may include the limitations set out in Part II or any other limitation prescribed by the relevant authority.

11.4 Reporting of alleged illegal content – ​​Reporting and Action Mechanism. Website Domains, Online Stores and Hosting | You can report X Flight School  through the mechanism accessible from our Support Center  (“ Notification and Action Mechanism ”). Doamincanyon's handling of a notification may vary depending on the nature of the Service relating to the notification.

 

 

11.5 Restrictions. Website Domains, Online Stores and Hosting | X Flight School may at any time and in some cases, without prior notice, remove any Unauthorized Content provided on the Site or any Service, or suspend or terminate access to an entire Service (e.g. Website Domains, Online Stores and Hosting | by X Flight School disabling a hosted website). Additionally, for “repeat offenders”, that is, users who frequently provide clearly Unauthorized Content, Website Domains, Online Stores and Hosting | X Flight School may suspend or terminate their access to this Site or the Services found on this Site. Exceptional circumstances or Website Domains, Online Stores and Hosting | Except where X Flight School is required to take immediate action by law, Website Domains, Online Stores and Hosting | X Flight School will usually give warning prior to any suspension. Website Domains, Online Stores and Hosting | In deciding on and applying such restrictions, X Flight School will act in a timely, diligent, non-arbitrary, objective and proportionate manner.

11.6 False Reports. If any user frequently makes clearly false reports through the Reporting and Action Mechanism Website Domains, Online Stores and Hosting | X Flight School may suspend the processing of its notifications. Exceptional circumstances (as determined by Website Domains, Online Stores and Hosting | X Flight School in its reasonable discretion) or Website Domains, Online Stores and Hosting | Doamincanyon will generally provide notice prior to any suspension, unless X Flight School takes immediate action as required by law.

11.7 Measures and tools for review. Notices and orders are generally subject to human review. Website Domains, Online Stores and Hosting | X Flight School also offers Website Domains, Online Stores and Hosting | It may also use a machine learning model that helps detect phishing activity on websites hosted by X Flight School and process certain requests. Actions taken (if any) in response to notices and/or orders to provide content by Service users or Site visitors are generally subject to human review.

11.8 Right to terminate use of the Services. You have the right to terminate your use of the Services in accordance with Sections 9 and 14 of this Agreement.

 

 

11.9 Content Moderation Decisions.

1. This Section may apply to you if:
   1. If your issue relates to a Doamincanyon online platform in the EU (i.e., a Service that involves the Doamincanyon Community or the sale and purchase of aftermarket domain names to the extent provided in the EU), and
   2. If your issue relates to: (y) a decision by Doamincanyon based on a notice you submitted to Doamincanyon regarding the existence of information deemed to be illegal content on a Doamincanyon EU online platform and/or (z) Doamincanyon on grounds that you or any user of the Service has provided Unauthorized Content. A decision taken by us to remove (or not to remove) content or to suspend, restrict or terminate (or not to suspend, restrict or terminate) access to a Doamincanyon AB online platform,
      
      (“ Content Moderation Decision ”).
2. If you disagree with a Content Moderation Decision, you can complain about it to Doamincanyon. The complaint must be submitted within six (6) months from the date you are notified of the Content Moderation Decision. To submit your complaint, you must respond to the email notifying you of the Content Moderation Decision and provide additional context or information for Doamincanyon to reconsider the Content Moderation Decision. Doamincanyon will review your complaint and respond to it through its internal complaint handling system (“Complaint Handling System”).
   
   If a user frequently submits clearly unfounded complaints through the Internal Complaint Handling System, Doamincanyon may suspend complaint processing with prior warning.
3. If you do not agree with a Content Moderation Decision and/or the outcome of the Internal Complaints Processing System, you may also contact any out-of-court dispute resolution body approved by the relevant EU authority. We would like to point out that the decisions taken by these bodies are not binding. Moreover, Doamincanyon may refuse to participate in such a procedure if the problem has already been resolved with the same content and on the same grounds. This list of approved bodies (if any) is expected to be published by the EU Commission shortly. We will update the terms of this Agreement as soon as relevant information becomes available.
4. In any case, you may also initiate legal proceedings before a competent court at any stage, in accordance with the applicable law.

 

11.10 11.6. and 11.9. For the purposes of the sections, "frequently" means the submission of 2 or more false reports or complaints (as relevant) during a 12-month period. 11.5, 11.6 and 11.9. In determining whether particular conduct warrants such suspension or termination and the duration of such suspension or termination, Sections Website Domains, Online Stores and Hosting | X Flight School takes into account the relevant facts and circumstances. These may include things such as the volume of clearly false reports or complaints submitted within the time period specified above, the severity and/or impact of the conduct. For example, a report may be considered manifestly false if it is clear that it is not related to the allegedly illegal content and merely refers to personal and/or subjective evaluations. In terms of the provision of illegal content specifically, these criteria also include the volume of illegal content provided, the extent of its impact and/or the seriousness of the conduct (e.g. in terms of the nature and consequences of the content in question) and the frequency of the conduct.

 

11.11 Search Engine: Recommendation Systems Explained.

Our Site and some of our Services include a search engine that allows you to search for domain name records based on your query, account search history, and location.

The search engine generates a list of results based on the overall match between searched keywords or strings and domains available for purchase. If the exact domain you are looking for is not available, the search engine displays results for domains that match your keywords and characters; these potentially include alternative top-level domains where your location may also be taken into account. For example, if you are located in Germany, the search engine may prioritize ".de" top-level domains to provide you with more specific results. Partnerships labeled "Promotion" may also be found in search results.

The keywords or strings of characters you searched for are the most important parameters used to determine the results, while search history and location are secondary parameters used to further tailor the results list. The search engine does not allow you to change these parameters due to its current design.

11.12 DSA Contact Point.

If you have questions or concerns about this Section 11 or other DSA-related matters, contact us at  dsainquiries@secureserver.net. You can contact us via e-mail at.

 

12. EXPIRED SERVICES; END OF USE (EOL) PRINCIPLE

 

 

Website Domains, Online Stores and Hosting | The Website Domains, Online Stores and Hosting | While _ _ it could be the subject. In such case, such Services or the particular feature, functionality or element associated with the Service will be removed from Website Domains, Online Stores and Hosting | effective from the EOL date. It will not be supported at all by X Flight School.

 

Notice and Handling.  If a Service we offer reaches EOL, we will attempt to notify you thirty or more days prior to the EOL date. It is your responsibility to take all necessary steps to replace the Service by switching to a new Service before the EOL date or to terminate all of your transactions with that Service before the specified EOL date. Either way, Website Domains, Online Stores & Hosting | X Flight School, at its sole discretion, will either offer you a similar Product to switch to for the remainder of your purchase or Website Domains, Online Stores and Hosting | Provides pro-rated in-store credit or refund as determined by X Flight School. Website Domains, Online Stores and Hosting | X Flight School may move you to the most current version of the Service, if available, with or without notice to you. You agree to take full responsibility for any loss or damage that may arise from this transition. If any feature, functionality or element associated with a Service we offer reaches EOL, we will attempt to notify you thirty or more days prior to the EOL date. However, at the sole and absolute discretion of Website Domains, Online Stores and Hosting | Website Domains, Online Stores and Hosting | X Flight School will not be obligated to provide a similar feature or functionality or refund for the Service.

No Acceptance of Liability.  Website Domains, Online Stores and Hosting | The

13. BETA SERVICES

 

Periodically Website Domains, Online Stores and Hosting | X Flight School may offer new Services as a pre-release version (either as limited preview services or as new features to existing Services). New Services and new features added to existing Services will be referred to individually and collectively as “ Beta Services ”. If you choose to use the Beta Services, your use of the Beta Services will be subject to the following terms and conditions: (i) you acknowledge and agree that the Beta Services are preliminary and may not function properly; (ii) you acknowledge and agree that if you use the Beta Services you may be subject to unusual operating errors; (iii) Beta Services are provided as is, so we do not recommend your use of these services in live or mission-critical environments; (iv) Website Domains, Online Stores and Hosting | X Flight School Beta reserves the right to change, modify or remove any part of the Services at any time; (v) commercial versions of Beta Services may change constantly and programs that use or work with Beta Services may not work with commercial versions or later versions; (vi) Website Domains, Online Stores and Hosting | X Flight School Beta may limit the customer service support time allocated to support the Services; (vii) you acknowledge and agree to provide us with reasonable feedback regarding your Beta Services experience, including any information necessary to reproduce any errors or problems you experience; (viii) Website Domains, Online Stores and Hosting | You acknowledge and agree that X Flight School may track your browsing behavior, links clicked, items purchased, device type, and collect various data, including analytics about how you use and interact with our Beta Services; (ix) All information regarding the Beta Services, including your experience and opinions regarding the Beta Services, is confidential and may not be disclosed to a third party or disclosed to Website Domains, Online Stores and Hosting | You agree that it may not be used for any purpose other than to provide feedback to X Flight School; (x) Beta Services; It is provided “unmodified”, “as is” and “with all faults”.

You agree that we may use your feedback for any purpose, including product improvement purposes. You must provide us with your comments, which we may use for printed materials and marketing materials upon our request. Any intellectual property associated with your feedback or arising from your use of the Beta Services belongs exclusively to Website Domains, Online Stores and Hosting | It will belong to the X Flight School company. To the fullest extent permitted by law, Website Domains, Online Stores and Hosting | X Flight School; Beta disclaims all warranties, statutory, express or implied, regarding the use of the Services, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

 

14. FEES AND PAYMENTS

 

 

You acknowledge that your Payment Method may be charged by one of our affiliates. If your payment is specified at the time of purchase as being processed in the United States, your transaction will be processed by Wild West Domains; If your payment is indicated as being processed in Canada, your transaction will be processed by Wild West Domains Canada, Inc. by; If your payment is stated to be processed in the United Kingdom, your transaction will be processed by Europe Domains/Hosting Services, Ltd. by; If your payment is stated to be processed in India, your transaction will be processed by Universal India Domains and Hosting Services India Pvt Ltd; If your payment is stated to be processed in Australia, your transaction will be processed by International Online Services PTY Limited. If it is stated that your payment is processed in the Netherlands, your transaction will be fulfilled by Online Services Netherlands BV. If we discover at the time of purchase that your payment is processed in a country or territory not listed above, your transaction may be fulfilled by an entity within the disclosed country that is affiliated with our local payment service provider and will be subject to the terms of our Privacy Policy.

 

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

Payment Required During Order; Non-Refundable.  You agree to provide all amounts due for the Services when placing your order.  No refunds will be given for any amounts unless stated otherwise in the Refund Policy .

Fee Changes.  Website Domains, Online Stores and Hosting | X Flight School reserves the right to change or adjust its fees and prices at any time and such changes will be posted online on this Site and will be effective immediately without further notice to you or notified to you by email. If you have purchased or acquired Services for a period of months or years, changes to prices and fees will be effective when such Services are renewed as further described below.

Payment Types.  Unless prohibited by any product-specific agreement, you may pay for the Services using any of the following “Payment Methods”: (i) a valid card, (ii) “Good As Gold Prepaid Services” (as described below); (iii) electronic payment from your personal or business checking account, as applicable (and as described below); (iv) PayPal, (v) International Payment Option (as described below), (vi) existing Store Credit balances, if any (and as described below), or (vii) Website Domains, each of which is a "Payment Method" in our sole discretion. , Online Stores and Hosting | Any other method you use to pay for the Services, at the expense of X Flight School. The “Express Payment” feature automatically places an order for the applicable Service and charges the default Express Payment Method for your Account. Confirmation of the order is sent to the e-mail address registered for your Account. Your Payment Method on file must remain valid if you have active Services in your Account. You also acknowledge that the location where your payments will be processed may change for any reason, including the type of Payment Method selected, the currency selected, or changes or updates to your Payment Method.

 

Refunds Given.  In cases where a refund has been issued to your Payment Method, Website Domains, Online Stores and Hosting | X Flight School will only issue refund receipts to Website Domains, Online Stores and Hosting | This is confirmation that X Flight School has sent a refund to the Payment Method charged at the time of the initial sale and Website Domains, Online Stores and Hosting | You acknowledge that X Flight School has no control over when the refund will be applied to the available balance of your Payment Method. You also acknowledge that the payment provider and/or bank associated with your Payment Method determines the shipping times for your refund and that refund shipping times may vary from five (5) business days to one billing cycle or even longer.

If a refund is issued to your Payment Method and the payment provider, payment processor, or issuing bank associated with your Payment Method imposes a limit on the refund, including but not limited to the timing of the refund or the number of refunds allowed, Website Domains, Online Stores, and Hosting | X Flight School, at its sole discretion, may issue a refund (i) in the form of a Store Credit or (ii) via a mail to the registered mailing address for your Account X Flight School reserves the right to do so by check, or (iii) in some jurisdictions, by wire transfer if the payment processor is unable to issue a refund to the Payment Method. Website Domains, Online Stores and Hosting | X Flight School also reserves the right to offer Store Credit to customers requesting a refund even if there are no restrictions on refunds imposed by the Payment Method.

 

Monthly Billing Date.  If you are billed monthly, your monthly billing date will be based on the date you purchased the Services. If this date is after the 28th of the month, your billing date will be the 28th of each month.

 

Automatic Renewal Terms.  Except where required by applicable law, Website Domains, Online Stores and Hosting | X Flight School does not maintain hard copies or electronic versions of order, standing order or standing instruction forms and/or any signed confirmation thereof in connection with your use of the automatic renewal services and therefore we cannot provide such documentation upon request. Website Domains, Online Stores and Hosting | You can view or change your auto-renewal settings at any time by logging into your X Flight School account.

AN AUTOMATIC RENEWAL OPTION IS OFFERED WITH ALL SERVICES SO THAT YOU WILL NOT EXPERIENCE INTERRUPTION OR LOSS OF SERVICES. EXCEPT FOR THE REASONS SET FORTH BELOW IN THIS SECTION, AUTOMATIC RENEWAL WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD THAT IS THE SAME IN DURATION AS THE MOST NEW SERVICE PERIOD OVER THE THEN CURRENT TERM (EXCEPT FOR DOMAIN NAMES THAT CAN BE RENEWED FOR THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST TERM OF SERVICE WAS ONE YEAR, YOUR RENEWAL PERIOD WILL USUALLY BE ONE YEAR. HOWEVER, IF RENEWAL CANNOT BE MADE USING THE PAYMENT METHOD ON RECORD, WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | The X FLIGHT School may try to renew the current service for a shorter period than the original subscription period, including the time required for the payment process to be successful.

WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING UNLESS YOU HAVE DISABLED THE AUTOMATIC RENEWAL OPTION | X FLIGHT SCHOOL AUTOMATICLY RENEWS THE APPLICABLE SERVICE WHEN IT IS TIME TO RENEW AND THE PAYMENT METHOD ASSOCIATED WITH THE SERVICES IN YOUR ACCOUNT OR WEBSITE DOMAINS, ONLINE STORES AND HOSTING | IT RECEIVES THE PAYMENT USING YOUR ALTERNATIVE PAYMENT METHOD REGISTERED BY X FLIGHT SCHOOL. WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | WHEN X FLIGHT SCHOOL AUTOMATICALLY RENEWS YOUR SERVICES, IT WILL FIRST ATTEMPT TO RECEIVE PAYMENT FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICES IN YOUR ACCOUNT. WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | IF RENEWAL FEES; WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | YOU ACKNOWLEDGE AND AGREE THAT THE FEE WILL BE REFLECTED ON THE PRICES APPLIED BY TO VIEW THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, LOG IN TO YOUR ACCOUNT MANAGER FROM THIS SITE AND  FOLLOW THE STEPS HERE  . IF YOU DO NOT WANT ANY SERVICES TO AUTOMATICALLY RENEW, YOU MAY CANCEL THE RENEWAL; IN SUCH CASE, UNLESS YOU MANUALLY RENEW YOUR SERVICES BEFORE THE EXPIRATION DATE, YOUR SERVICES WILL BE TERMINATED ON THE EXPIRATION DATE OF THE APPLICABLE TERM. IN OTHER WORDS, IF YOU CANCEL YOUR PRODUCT AND DO NOT RENEW YOUR SERVICES BEFORE THE EXPIRATION DATE, YOU MAY EXPERIENCE INTERRUPTION OR LOSS OF YOUR SERVICES AND WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | X FLIGHT SCHOOL SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY IN THIS REGARD.

 

 

TO AVOID ANY INTERRUPTION OR LOSS OF SERVICES, AN AUTOMATIC RENEWAL OPTION IS OFFERED WITH ALL SERVICES, UNLESS OTHERWISE STATED ON THE SITE. EXCEPT FOR THE REASONS SET FORTH BELOW IN THIS SECTION, AUTOMATIC RENEWAL WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD THAT IS THE SAME IN DURATION AS THE MOST NEW SERVICE PERIOD OVER THE THEN CURRENT TERM (EXCEPT FOR DOMAIN NAMES THAT CAN BE RENEWED FOR THE ORIGINAL SERVICE PERIOD). FOR EXAMPLE, IF YOUR LAST TERM OF SERVICE WAS ONE YEAR, YOUR RENEWAL PERIOD WILL BE ONE YEAR. HOWEVER, IF RENEWAL CANNOT BE MADE USING THE PAYMENT METHOD ON RECORD, WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | The X FLIGHT School tries to renew the valid service for a shorter period than the original subscription period until the time required for the payment process to be successful.

 

 

WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING UNLESS YOU HAVE DISABLED THE AUTOMATIC RENEWAL OPTION | X FLIGHT SCHOOL AUTOMATICLY RENEWS THE APPLICABLE SERVICE WHEN IT IS TIME FOR RENEWAL AND THE PAYMENT METHOD ON YOUR ACCOUNT OR WEBSITE DOMAINS, ONLINE STORES AND HOSTING | IT RECEIVES THE PAYMENT USING YOUR ALTERNATIVE PAYMENT METHOD REGISTERED BY X FLIGHT SCHOOL. WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | WHEN X FLIGHT SCHOOL AUTOMATICALLY RENEWS YOUR SERVICES, IT WILL FIRST ATTEMPT TO RECEIVE PAYMENT FROM THE PAYMENT METHOD FOR THE SERVICES IN YOUR ACCOUNT. WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | IF RENEWAL FEES; WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | YOU ACKNOWLEDGE AND AGREE THAT THE FEE WILL BE REFLECTED ON THE PRICES APPLIED BY TO VIEW THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, LOG IN TO YOUR ACCOUNT MANAGER FROM THIS SITE AND FOLLOW [HERE](HTTPS://WWW.SECURESERVER.NET/HELP/MANUALLY-RENEW-MY-PRODUCTS-OR-SERVICES-725?PROG_ID=588055&PL_ID =588055&PLID=588055|HELP) FOLLOW THE STEPS. IF YOU DO NOT WANT ANY SERVICES TO AUTOMATICALLY RENEW, YOU MAY CANCEL THE RENEWAL; IN SUCH CASE, UNLESS YOU MANUALLY RENEW YOUR SERVICES BEFORE THE EXPIRATION DATE, YOUR SERVICES WILL BE TERMINATED ON THE EXPIRATION DATE OF THE APPLICABLE TERM. IN OTHER WORDS, IF YOU CANCEL YOUR PRODUCT AND DO NOT RENEW YOUR SERVICES BEFORE THE EXPIRATION DATE, YOU MAY EXPERIENCE INTERRUPTION OR LOSS OF YOUR SERVICES AND WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | X FLIGHT SCHOOL SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY IN THIS REGARD.

 

 

ALSO, WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | X FLIGHT SCHOOL MAY PARTICIPATE IN “REGULAR BILLING PROGRAMS” OR “ACCOUNT UPDATE SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (THEREFORE DEPENDING ON YOUR BANK’S PARTICIPATION). IF YOU ARE SIGNED UP FOR THE AUTOMATIC RENEWAL OPTION AND YOUR CURRENT PAYMENT METHOD IS NOT SUCCESSFULLY CHARGED, YOUR CREDIT CARD PROVIDER (OR BANK) MAY NOTIFY OR NOTIFY US WITH UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE. YOU CAN MAKE AN AUTOMATIC WITHDRAWAL FROM YOUR NEW CREDIT CARD ON OUR NAME WITHOUT YOUR APPLICATION. IN ACCORDANCE WITH REGULAR BILLING PROGRAM REQUIREMENTS, IF WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | X FLIGHT SCHOOL AUTOMATICALLY UPDATES YOUR PAYMENT PROFILE ON YOUR BEHALF. WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | X FLIGHT SCHOOL DOES NOT GUARANTEE THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CHANGE AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELING PRODUCTS AND (II) ENSURING THAT YOUR ASSOCIATED PAYMENT METHODS ARE CURRENT AND VALID. YOU FURTHER UNDERSTAND THAT YOUR FAILURE TO DO SO MAY RESULT IN INTERRUPTION OR LOSS OF SERVICES AND WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | YOU ACKNOWLEDGE AND AGREE THAT X FLIGHT SCHOOL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SAME MATTER.

 

For any reason Website Domains, Online Stores & Hosting | If X Flight School is unable to charge your Payment Method in full for the Services provided or Website Domains, Online Stores and Hosting | If You agree that X Flight School may pursue all reasonable legal remedies to obtain payment, including immediate cancellation of any domain names or Services registered or renewed in your name. Website Domains, Online Stores and Hosting | X Flight School also reserves the right to charge you reasonable “ administration fees ” for: (i) Website Domains, Online Stores and Hosting | Tasks that X Flight School may perform outside the scope of the normal Services include (ii) Website Domains, Online Stores and Hosting | Additional time and/or expenses that X Flight School may incur in providing the Services, and/or (iii) Website Domains, Online Stores and Hosting | Your failure to comply with this Agreement, as determined by X Flight School in its sole discretion. Typical administrative and processing fee scenarios include, but are not limited to: (i) customer service issues that require additional personal time or attention; (ii) UDRP transactions in connection with your domain names and/or Website Domains, Online Stores and Hosting | By X Flight School staff or Website Domains, Online Stores & Hosting | Objections requiring accounting and legal services provided by external firms designated by X Flight School; (iii) Website Domains, Online Stores and Hosting | reimburse you for all costs and fees, including Service fees, paid by X Flight School as a result of chargebacks or other payment disputes caused by you, your bank or Payment Method processor. These management fees and transaction fees Website Domains, Online Stores & Hosting | It will be billed to your Payment Method on file with X Flight School.

Website Domains, Online Stores and Hosting | X Flight School may offer product level pricing in various currencies. The transaction is processed in the selected currency and the price displayed during checkout will be the actual amount transmitted to your bank for payment. For some Payment Methods, your Payment Method's bank may charge you a foreign exchange transaction fee or other fee, which may be added to the final amount that appears on your bank statement or sent as a separate amount. Please contact the party that provided your Payment Method for details. In addition, and regardless of the currency selected, Value Added Tax (" VAT "), Goods and Services Tax (" GST ") or other local charges and/or taxes may be charged depending on your bank and/or the country specified in the billing address section.

 

(B) REFUND POLICY

Products and Services eligible for a refund  are described in our Refund Policy  .

 

 

(C) GOOD AS GOLD PREPAID SERVICES

Service Details. Website Domains, Online Stores and Hosting | You can send money to X Flight School. You can then purchase the Services you want with your Good As Gold Account. You can transfer money to your Good As Gold Account via bank transfer.

Website Domains, Online Stores and Hosting | You agree that it will be held by X Flight School and that no interest will be charged or paid to you. If interest is generated Website Domains, Online Stores and Hosting | You agree that X Flight School will collect and use such amount to cover costs associated with Good As Gold Prepaid Services.

You agree that all transactions you make using Good As Gold Prepaid Services will be denominated in U.S. dollars.

A minimum of $1,000.00 USD or equivalent must be deposited into your Good As Gold Account the first time.

All payments must cover the full amount of the purchase.

Bank Transfer Details.  You can transfer money in different currencies to fund your Good As Gold Account, but Website Domains, Online Stores and Hosting | The currency of the X Flight School bank account is US Dollars. Transfers made in foreign currencies are automatically converted to US dollars and credited to the account in that currency. Please note that exchange rate fees may apply.

You are responsible for all transfer fees to and from your Good As Gold Account. For transfers made outside the United States, your bank, intermediary banks or Website Domains, Online Stores and Hosting | X Flight School's bank may make a deduction, which Website Domains, Online Stores & Hosting | It may result in less money reaching X Flight School's bank and being deposited into your Good As Gold Account. Here we clearly refer to Website Domains, Online Stores and Hosting | You authorize X Flight School to: (i) Website Domains, Online Stores and Hosting from your Good As Gold Account | To collect your funds , All fees are subject to change at any time and such changes will be effective immediately upon posting online, without the need for notice to you.

You can verify the remaining resources in your Good As Gold Account at any time in your Account or shopping cart. If you decide to terminate your Good As Gold Account (or if Website Domains, Online Stores and Hosting | is then returned.

You can add money to your Good As Gold Account at any time.

Your Use of Good As Gold Prepaid Services.  You can only use funds in your Good As Gold Account for Website Domains, Online Stores and Hosting | Website Domains, Online Stores and Hosting on the X Flight School website | You can use it through the X Flight School purchase. In order for the purchase to be made, you must have an amount in your Good As Gold account at the time of the purchase to cover the fees specified herein or in other relevant agreements, in addition to the full purchase amount.

 

 

(D) PAYMENT BY CHECK (ELECTRONIC PAYMENT)

Website Domains, Online Stores and Hosting | Website Domains, Online Stores and Hosting | You may purchase X Flight School Services by electronic payment from your personal or corporate checking account (“ Checking Account ”). In connection therewith, you agree to allow third-party check services provider Certegy Check Services, Inc. (“ Check Services Provider ”) to debit your entire purchase amount from your Checking Account on a non-refundable basis. Checking Services Provider will create an electronic funds transfer (“ EFT ”) or bank draft, which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a US financial institution and payment must be made in US Dollars.

 

It is your responsibility to ensure that your Deposit Account is up to date and available. (i) Check Services Provider or Website Domains, Online Stores and Hosting | You acknowledge that and Hosting | You agree that X Flight School will not be liable to you or any third party for this incident. If, for any reason, the Check Services Provider is unable to charge your account in full for the Services provided, the Check Services Provider and Website Domains, Online Stores and Hosting | You agree that X Flight School may pursue all reasonable legal remedies to collect payment (and associated fees). Website Domains, Online Stores and Hosting | X Flight School is not responsible for the actions of the Check Services Provider. If the EFT or debit order is unpaid and returned, you will be required to pay a service fee as permitted by law for each U.S. state. A help article describing the Check Services Provider and outlining the service fees referenced above  can be found here  . These fees can be collected from your Deposit Account by EFT or bank payment order. All fees are in US dollars.

Website Domains, Online Stores and Hosting | X Flight School and Check Services Provider and Complete Payment Recovery Services, Inc. Service providers, including, but not limited to, may send you notices using email, standard mail, SMS, MMS, text message, posts shared through the services, and any other reasonable means unknown or later developed. These notifications may not be received if you violate the terms of service by gaining unauthorized access to the services. Your acceptance of these terms of service constitutes your agreement to receive any and all notices that you would receive if you access the services in an authorized manner. Failure to receive these notifications for any reason may result in Website Domains, Online Stores and Hosting | It does not relieve payment or other obligations to X Flight School and the Check Services Provider. Additionally, Check Services Provider and Complete Payment Recovery Services, Inc. and its affiliates, including but not limited to Website Domains, Online Stores and Hosting | You authorize X Flight School and its service providers to contact you using automated dialing tools, pre-recorded messages or other methods using one of your mobile phone numbers or any of your email addresses. You also confirm that the email addresses you provide are not shared, are not accessible to others, and are not business email addresses.

 

(E) INTERNATIONAL PAYMENT OPTIONS

Website Domains, Online Stores and Hosting | X Flight School offers a range of alternative international payment options through various International Payment Providers (“ IPP ”). If you choose an IPP, IPP customer service agreements Website Domains, Online Stores & Hosting | You declare your acceptance before completing your transactions on X Flight School. You also agree to allow IPP to charge the full amount of your purchase to the selected account or payment method (collectively, “Payment Sources”). In addition, you agree that the IPP you select may charge your Payment Sources, if necessary, the “Currency Conversion Fee” and any other fees or charges arising from your agreement with the IPP (collectively, “ IPP Fees ”). IPP Fees may be charged to you at any time by IPP or Website Domains, Online Stores and Hosting | You understand and agree that it may be changed without notifying X Flight School.

It is your responsibility to ensure that your Payment Sources are current and available. (i) IPP or Website Domains, Online Stores and Hosting | X Flight School reserves the right to refuse a transaction for any reason and (ii) in such case IPP or Website Domains, Online Stores and Hosting | You agree that X Flight School will not be liable to you or any third party. Website Domains, Online Stores and Hosting | Website Domains, Online Stores and Hosting by X Flight School | You agree that no attempt will be made to fulfill the purchased Services until X Flight School receives payment confirmation from IPP's relevant payment processor. You acknowledge that there may be a delay of several hours or several days between when you place the order and when IPP confirms payment through the relevant payment processor. Website Domains, Online Stores and Hosting | If X Flight School does not receive payment confirmation through IPP's applicable payment processor within thirty (30) business days from the date the order was placed, your order may be canceled and you will need to repeat the purchase. If you would like to cancel payment for a pending transaction, visit Website Domains, Online Stores & Hosting | You can cancel the order through your X Flight School account. Payments received for previously canceled orders will be refunded to the Payment Method from which the payment was made, where possible.

 

Website Domains, Online Stores and Hosting | When does not match and as a result you have been charged more or less than your purchase amount, Website Domains, Online Stores and Hosting | X Flight School may automatically issue a partial refund (in case of overpayment) or a full refund (in case of underpayment) to your Payment Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind Website Domains, Online Stores and Hosting | X Flight School reserves the right to issue a refund to a Store Credit balance or by wire transfer in cases where the payment processor is unable to issue a refund to the Payment Method. If you receive a full refund, you must repeat the purchase. You acknowledge that IPP reserves the right not to refund IPP Fees in respect of a refunded transaction. Relatedly, Website Domains, Online Stores and Hosting | Refunds made by X Flight School will be made after IPP Fees have been collected unless otherwise stated.

 

(F) STORE CREDIT BALANCES

If you have a credit issued by us on your Account, that credit may only be used to purchase a Service (each, a " Store Credit ") subject to the following conditions: (1) you may apply an existing Store Credit in your Account to a future Service purchase; and (2) Website Domains, Online Stores and Hosting | You authorize X Flight School to apply any available Store Credit to any upcoming product renewals, outstanding administrative fees, chargebacks, or other charges related to your Account, including partial charges. Regardless of the amount of Store Credit you have in your account, Website Domains, Online Stores and Hosting | X Flight School is not responsible for the loss of products if money cannot be collected using your Payment Methods or store credits. Store Credits are applied in the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one Store Credit, the credits are processed by issuance date, with the oldest Store Credit used first. If additional funds are required to complete the purchase or renewal, Store Credits in the non-selected currency will be charged daily until (i) sufficient funds are collected to complete the transaction or (ii) there are no funds remaining in your account Website Domains, Online Stores & Hosting | Converted from oldest to newest using X Flight School exchange rates. Website Domains, Online Stores and Hosting during conversion | You understand and agree that X Flight School may charge additional administrative fees.

To verify your available Store Credits, visit Website Domains, Online Stores & Hosting | You can make transactions from your Account on the X Flight School website. You acknowledge that Store Credits are non-transferable, can only be used with the Account for which they were received, and may expire. Store Credits given as gifts expire two years from the date of issue or Website Domains, Online Stores and Hosting | Your account will expire on any date specified by X Flight School. Your Account's Website Domains, Online Stores and Hosting | You acknowledge that upon termination by X Flight School, any remaining available Store Credits will be forfeited.

The money associated with your Store Credits is available for Website Domains, Online Stores and Hosting | You also agree that it will be blocked by X Flight School and no interest will be charged on your behalf and no interest payments will be made. If interest accrues Website Domains, Online Stores and Hosting | You agree that X Flight School will collect and use such amount to cover the costs of supporting the Store Credits functionality.

 

 

(G) EXPIRED DOMAIN NAME PURCHASES

For expired domain names you purchase from your account, you are responsible for paying the winning bid amount within forty-eight (48) hours from the time of auction completion, plus a one (1) year renewal or transfer fee (from the end of the domain name's previous registration period), plus the ICANN fee, if applicable. You agree that the applicable payment method associated with the account will be charged on the third day following the close of the auction. If we do not receive payment, you may lose your right to purchase the domain name.

 

 

(I) BUY NOW PAY LATER OPTIONS

Using a “ buy now pay later ” option, such as installment payment or financing, is subject to the following terms and conditions. Website Domains, Online Stores and Hosting | You acknowledge and agree that X Flight School will not be liable to you or any third party. You also acknowledge that refunds for a buy now pay later option may be subject to your agreement with a third party. Website Domains, Online Stores and Hosting | Any representations made by X Flight School regarding a refund policy on the buy now pay later option are for convenience only. A repayment term, such as a required down payment, late fee, or interest, may vary or is subject to change and is under the control of a third party. Notwithstanding the foregoing, Website Domains, Online Stores and Hosting | X Flight School will not be responsible or liable to you or any third party for disclosing or failing to disclose any refund terms that you are responsible for determining.

Some installment payment options are valid only for the selected Service period, which automatically renews for the full amount unless you manually renew with a future installment payment.

 

 

(J) WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | GENERAL CONDITIONS RELATED TO PAYMENTS RECEIVED FROM X FLIGHT SCHOOL COMPANY

Website Domains, Online Stores and Hosting | X Flight School will make all payments owed to you to your chosen payment method, subject to the conditions set out below (“ Payment(s) ”). Website Domains, Online Stores and Hosting | To receive payments from X Flight School, you must set up a payee account and assign it to your account.

Set Up Payee Account

Fees. A list of supported payment methods, applicable fees, and minimum payment thresholds is published here:

Payee Account Information

For any reason Website Domains, Online Stores and Hosting | If X Flight School is unable to process your Payment for the full amount owed or Website Domains, Online Stores and Hosting | If X Flight School receives notice of a cancellation or payment dispute, or a penalty is charged for any Payments, Website Domains, Online Stores and Hosting | You acknowledge that X Flight School may pursue all available legal remedies regarding these charges. Typical administrative or transaction fee scenarios result in failed Payments or other payment disputes brought by you, your bank or Payment processor Website Domains, Online Stores and Hosting | It includes reimbursement for all costs and fees, including but not limited to the cost of Services received by X Flight School. These administration fees or transaction fees will be deducted from any amounts due or directly debited from your payment account.

Fee Changes. Website Domains, Online Stores and Hosting | X Flight School reserves the right to change or adjust its fees and prices at any time and such changes will be posted online on this Site and will be effective immediately without further notice to you.

 

15. ADDITIONAL RESERVED RIGHTS

 

 

Website Domains, Online Stores and Hosting | X Flight School may refuse, cancel, terminate any Account or Service for any reason (in Website Domains, Online Stores and Hosting | has the right to suspend, lock or modify access to (or control of) (including the right to cancel or transfer any domain registration): (i) Website Domains, Online Stores and Hosting | To correct errors made by to support our detection and prevention efforts, (iv) to comply with court orders issued against you and/or your domain name or website and applicable local, state, national and international laws, (v) to comply with law enforcement requests, including court orders for, (vi) to comply with objection resolution processes, (vii) to defend against any legal action or threat of legal action, whether ultimately justified or not, (viii) Website Domains, Online Stores and Hosting | X Flight School, Website Domains, Online Stores and Hosting | from civil or criminal liability relating to to avoid or (ix) Website Domains, Online Stores and Hosting | To respond to a large number of complaints regarding the content on your website or your Account or domain names that could harm X Flight School's business operations, reputation or stakeholders.

Website Domains, Online Stores and Hosting | X Flight School expressly reserves the right to review all Accounts for excessive space and bandwidth usage and to cancel or charge additional fees for Accounts that exceed permitted levels.

Website Domains, Online Stores and Hosting | X Flight School, without notice to you, at discretion Website Domains, Online Stores and Hosting | Owned by X Flight School, Website Domains, Online Stores and Hosting | X Flight School and/or Website Domains, Online Stores and Hosting | X Flight School reserves the right to terminate all Services if you harass or threaten any of its employees.

 

Website Domains, Online Stores and Hosting | X Flight School Content.  Excluding User Content, the content of this Site and the Services, including but not limited to text, software, scripts, source code, API, graphics, photographs, sounds, music, videos and interactive features, and the trademarks, service marks and logos contained therein. (“ Website Domains, Online Stores and Hosting | X Flight School Content ”) is the owner or licensee indefinitely of Website Domains, Online Stores and Hosting | X Flight School and this content is subject to copyright, trademark, and/or patent protection and other intellectual property rights under U.S. and other country laws. Website Domains, Online Stores and Hosting | The It may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without the express prior written consent of X Flight School. No copyright, trademark, patent or other proprietary right or license is granted by this Agreement. Website Domains, Online Stores and Hosting | X Flight School, Website Domains, Online Stores and Hosting | X Flight School reserves all rights not expressly granted in and to the Content, this Site and the Services, and this Agreement does not transfer title to any of those rights.

16. NOT SENDING SPAM; LIQUID DAMAGES

 

No Spamming.  We do not allow sending spam. We constantly monitor the incoming and outgoing traffic of our web servers for spam messages and collect them in a spam complaint center to record spam messages. We conduct a full audit of customers who we suspect are using our products and services to send spam messages. If we determine there is a spam issue, we take appropriate action to resolve the situation.

Spam is defined as Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimile (Fax), which is email or fax sent to recipients who have not received appropriate prior consent to receive such content for advertising or other purposes. we are accepting. These may include but are not limited to:

1. Email Messages
2. Newsgroup postings
3. Windows system messages
4. Pop-up message ("advertising-supported malware" or "spyware" messages)
5. Instant messaging (using AOL, MSN, Yahoo, or another instant messaging program)
6. Online chat room ads
7. Guestbook or Website Forum submissions
8. Fax Prompts
9. Text messages (SMS)

We do not allow the use of our servers and services for the purposes described above. To use our products and services, you must not only comply with all applicable laws and regulations, including the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but also comply with this anti-spam policy. Advertisements and/or bulk emails or faxes may only be sent to recipients who have "subscribed" to receive messages. These; It must include a valid return address and reply address, the sender's physical address, and an unsubscribe method in the footer of the email or fax. At our request, you may be required to provide definitive proof of subscription for an email address or fax number.

We may forward, suspend or cancel any account, website hosting service, domain name registration, email box or other related product or service if we determine that such account, product or service is being used for or in connection with spam. In such case, we may, at our option, ask you to stop sending spam and/or respond to us by email stating that spam has been sent on your behalf, and charge a non-refundable reactivation fee for the reactivation of the site, email boxes and/or services. .

We encourage all customers and users of email generated by our products and services to report messages they suspect to be spam. You can report your suspicions of abuse via e-mail or  via our Spam Complaint Center  .
Fixed Compensation.  You agree that we may immediately delete Accounts that we believe, in our sole discretion, are sending or are associated with spam or unsolicited bulk email. In addition, if actual damages cannot be reasonably estimated, you agree to pay us liquidated damages in the amount of $1.00 for each spam message or unsolicited bulk email sent from or otherwise linked to by your Account.

 

17. TRADEMARK AND/OR COPYRIGHT CLAIMS

 

 

Website Domains, Online Stores and Hosting | X Flight School supports the protection of intellectual property. If you wish to submit an infringement claim relating to (i) a mark for which you have valid registered trademark or service mark rights, or (ii) a copyright claim relating to material in which you own a beneficial copyright, please visit Website Domains, Online Stores and Hosting | Refer to X Flight School's  Trademark and/or Copyright Infringement Policy set forth above  .

 

18. LINKS TO THIRD PARTY WEBSITES

 

 

This Site and the Services found on this Site Website Domains, Online Stores and Hosting | It may contain links to third-party websites that are not owned or controlled by X Flight School. Website Domains, Online Stores and Hosting | X Flight School assumes no responsibility for the content, terms and conditions, privacy policies or practices of third party websites. Also Website Domains, Online Stores and Hosting | X Flight School does not censor or edit the content of third party websites. By using this Site or the Services found on this Site Website Domains, Online Stores and Hosting | You expressly hold X Flight School harmless from any and all liability arising from your use of any third-party websites. In this regard, Website Domain Names, Online Stores and Hosting | X Flight School encourages you to review the terms and conditions, privacy policies and other applicable documents of each other website you may have visited when you leave this Site or the Services found on this Site.

 

19. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

 

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES CONTAINED ON THIS SITE IS AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES CONTAINED ON THIS SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | X FLIGHT School, officials, managers, employees, intermediaries and all third -party service providers, including product usability, saleability, all guarantees implied for the lack of conformity and violation for a specific purpose, but not limited to all legal, open and implied guarantees renounce all guarantees IT DOES. WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | NOR DO in the figure) THE ACCURACY, INTEGRITY OR CONTENT OF THE SITES AND/OR (III) THE SERVICES AVAILABLE ON THIS SITE OR ON SITES LINKED TO THIS SITE (WHETHER THROUGH HYPERLINKS AND ADVERTISEMENTS OR OTHERWISE) AND THE WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING FOR SUCH CASES | X FLIGHT SCHOOL ASSUMES NO LIABILITY OR RESPONSIBILITY.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AUTO-GENERATED OUTPUT, SUCH AS TEXT, LOGO, NAME AND SLOGAN, ARE NOT REVIEWED FOR ACCURACY OR INTELLECTUAL PROPERTY CLEARANCE. WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | X FLIGHT SCHOOL; NO REPRESENTATIONS ARE MADE ABOUT THE ACCURACY, RELIABILITY OR WHETHER THE OUTPUT WILL VIOLATE RIGHTS SUCH AS THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU ARE RECOMMENDED TO SEEK INDEPENDENT EXPERT ADVICE BEFORE RELYING ON AUTO-GENERATED OUTPUT.

WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY NOT A UTI OR ( II) YOU ACKNOWLEDGE THAT THERE IS NO WARRANTY REGARDING THIS SITE OR THE SERVICES CONTAINED ON THIS SITE AND THAT USERS SHOULD NOT RELY ON THIS INFORMATION OR ADVICE.

THE FOREGOING REPRESENTATIONS AND DISCLAIMERS OF WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT OR TERMINATION OF YOUR USE OF THIS SITE OR THE SERVICES FOUND ON THIS SITE.

 

20. LIMITATION OF LIABILITY

 

IN NO CASE WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | THE TO ANY OTHER PERSON OR ENTITY SHALL NOT BE LIABLE TO: (I) THE ACCURACY, INTEGRITY OR CONTENT OF THE INFORMATION ON THIS SITE, (II) THE ACCURACY, INTEGRITY OR CONTENT OF THE SITES LINKED TO THIS SITE (WHETHER THROUGH HYPERLINKS AND ADVERTISEMENTS OR OTHERWISE), (III) THE ACCURACY, INTEGRITY OR CONTENT OF THE INFORMATION ON OR LINKED TO THIS SITE. SERVICES CONTAINED ON THE SITES (WHETHER THROUGH HYPERLINKS AND ADVERTISEMENTS OR OTHERWISE), (IV) ANY PERSONAL INJURY OR PROPERTY DAMAGE, (V) ANY THIRD PARTY CONDUCT, (VI) ANY CONTENT, PERSONAL INFORMATION OUR SERVERS AND/OR STORED THEREIN. , ACCESS TO OR USE OF FINANCIAL INFORMATION OR OTHER INFORMATION, (VII) SERVICE INTERRUPTION THAT MAY OCCUR ON THIS SITE OR THE SITES LINKED TO THIS SITE (THROUGH HYPERLINKS AND ADVERTISEMENTS OR OTHERWISE), (VIII) SERVICE INTERRUPTION THAT MAY OCCUR ON THIS SITE OR THE SITES LINKED TO THIS SITE (WHYPERLINK AND ADVERTISEMENTS). ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SITES (OR THROUGH OR OTHERWISE), (IX) DEFAMATORY, ABUSIVE, HARMFUL, HARMFUL TO MINORS OR PROTECTED CLASSES, PORNOGRAPHIC, OVER 18 YEARS OF AGE, OBSTACLE OR OBSCENE. SUBJECT TO ANY OBJECTIONS ANY USER CONTENT OR CONTENT AND/OR (X) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR EQUIVALENT CLAIM, AND WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | ANY AND ALL DAMAGES OR DAMAGES THAT MAY ARISE AS A RESULT OF THE USE OF THIS SITE OR THE SERVICES CONTAINED ON THIS SITE, REGARDLESS OF WHETHER IT TURNED OUT.

FURTHERMORE, IN NO EVENT WILL WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | YOU ACKNOWLEDGE AND AGREE THAT X FLIGHT SCHOOL PARTY'S TOTAL LIABILITY SHALL NOT EXCEED $10,000.00 US DOLLARS.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT OR TERMINATION OF YOUR USE OF THIS SITE OR THE SERVICES FOUND ON THIS SITE.

 

21. COMPENSATION

 

 

Website Domains, Online Stores and Hosting | You may indemnify and hold harmless Site Domains, Online Stores and Hosting | You agree to protect, defend, indemnify and hold harmless X Flight School from: (i) your use of and access to this Site or the services contained on this Site; (ii) your violation of the terms of this Agreement or any policies or agreements contained herein and/or (iii) your violation of any third party rights, including but not limited to intellectual property or other proprietary rights. The indemnification obligations in this section will survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

 

22. COMPLIANCE WITH LOCAL LAWS

 

 

Website Domains, Online Stores and Hosting | The . Users who access this Site or the Services found on this Site are responsible for compliance with all local laws, rules and regulations.

 

23. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND CLASS ACTIONS AND CLASS ARBITRATION WAIVER

 

 

PLEASE READ THIS SECTION CAREFULLY. IF YOU WISH TO WAIVE ANY PROVISION REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, FOLLOW THE INSTRUCTIONS BELOW.

 

(A)  Disputes.  The terms of this Section apply to   Website Domain Names, Online Stores and Hosting | except for disputes governed by the Uniform Domain Name Dispute Resolution Policy set forth above. It will apply to all Disputes between you and X Flight School. For the purposes of this Section, “Dispute” means whether in tort, statute, statute, ordinance, regulation or any other legal or equitable basis, any Website Domains, Online Stores and Hosting | X Flight School Service or Product, Website Domains, Online Stores and Hosting | X Flight School websites, this Agreement or you Website Domains, Online Stores and Hosting | Website Domain Names, Online Stores and Hosting | Any dispute, claim or action between X Flight School shall be construed to give it the broadest meaning permitted under law. YOU AND YOUR WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | X FLIGHT SCHOOL, as defined in this contract, “dispute” you or website domain names, cyable shops and hosting | IT SHALL NOT INCLUDE ANY CLAIM OR ACTION BY You further agree that, notwithstanding anything to the contrary in this Agreement, a court, and not an arbitrator, may decide whether a claim falls within one of these four exceptions.

(B)  Binding Arbitration.  You and Website Domains, Online Stores and Hosting | You agree that X Flight School: (i) arbitrate all Disputes between the parties under the terms of this Agreement; (ii) this Convention governs interstate commerce; (iii) the Federal Arbitration Act (9 USC §1 et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive any termination of this Agreement. ARBITRATION MEANS THAT YOU ARE WAIVING YOUR RIGHTS TO A JUDGE OR JURY IN A LITIGATION AND THAT YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court of appropriate jurisdiction, limited by the Limitation of Liability set forth in Section 20 of this Agreement, and will award you only to the extent necessary to provide relief warranted by that party's individual claim in favor of the party seeking relief. may provide declarative or injunctive relief. In addition, in some cases the costs of arbitration may exceed the cost of litigation, and the right to discovery may be more limited in arbitration than in court. The arbitrator's award shall be final and enforceable by any court having jurisdiction over the parties.

(C)  Court of First Instance.  Notwithstanding anything to the contrary above, it is possible to bring an individual action in the small claims court of your state or municipality, within the jurisdiction of the court and only if you have legal proceedings pending in the court.

(D)  Notice of Dispute.  In the event of a Dispute, you or Website Domains, Online Stores and Hosting | X Flight School must first send to the other party a written notice of Dispute (“ Notice of Dispute ”) setting forth the name, address and contact information of the party giving the notice and the events giving rise to the Dispute and the requested relief . Website Domains, Online Stores and Hosting | Notice of Dispute sent to X Flight School should be addressed to: Website Domains, Online Stores and Hosting | X Flight School, 2150 E Warner Rd., Tempe, AZ 85284, Attn.: Legal Department (“ Website Domains, Online Stores and Hosting | X Flight School Notification Address ”). The Notice of Dispute will be sent to you via certified mail to the last address on file or in our records. Website Domains, Online Stores and Hosting | If you do not reach an agreement with X Flight School may initiate an arbitration pursuant to this Section. Upon transmission and receipt of Notice of Dispute, both parties agree to act in good faith to resolve the Dispute before resorting to arbitration.

 

(E)  CLASS ACTIONS AND CLASS ARBITRATION WAIVER.  YOU AND YOUR WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | X YOU AGREE THAT EACH PARTY MAY BRING A DISPUTE AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE ACTION, INCLUDING BUT NOT LIMITED TO FLIGHT SCHOOL, FEDERAL, OR STATE CLASS ARBITRATIONS. YOU OR WEBSITE DOMAIN NAMES, ONLINE STORES AND HOSTING | X YOU WILL NOT ATTEMPT TO RESOLVE THE DISPUTE BY FLIGHT SCHOOL, CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER TYPE OF ACTION IN WHICH EITHER PARTY MAY ACT OR OFFER TO ACT REPRESENTATIVELY. NO ARBITRATION OR PROCEEDING MAY BE COMBINED WITH ANY OTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

 

(F)  Arbitration Procedure.  If either party elects to initiate arbitration, the arbitration will be administered by the American Arbitration Association (“ AAA ”) and will be governed by the AAA Consumer Arbitration Rules (“ AAA Rules ”) in parallel with the rules set forth in this Agreement , except that the parties agree that arbitration shall solely resolve individual claims. The AAA cannot preside over multiple claimants or class arbitrations. You can find the AAA Rules  at www.adr.org  or by calling 1-800-778-7879. In the event of a conflict between the AAA Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will control. During arbitration you may seek any remedies available under federal, state or local law, limited to the Limitation of Liability set forth in Section 20 of this Agreement. All Disputes will be resolved by a single neutral arbitrator and both parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by this Agreement. The arbitrator (and not any federal, state, or local court or agency) shall arbitrate any decision concerning the interpretation, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. shall have exclusive authority to resolve all disputes. The arbitrator shall also have exclusive authority to rule on his or her jurisdiction, including any challenge to the existence, scope, or validity of the arbitration agreement or the arbitrability of a claim or counterclaim. Notwithstanding this broad delegation to the arbitrator, a court may clarify whether a claim or cause of action is for: (i) commercial misappropriation, (ii) patent infringement, (iii) copyright infringement or misappropriation, or (iv) ) trademark infringement or brand dilution excluded from the definition of “Disputes” above. The arbitrator shall have the authority to grant any relief available at law or in a court of equity. The arbitrator's award is binding on the parties and may be entered as a remedy in any court of competent jurisdiction. You may choose to attend arbitration hearings by telephone. Any non-telephone arbitration hearings will take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business) or, optionally, in Maricopa County, Arizona.

(G)  Initiating Arbitration Proceedings.  You or Website Domains, Online Stores and Hosting | If X Flight School decides to arbitrate a Dispute, we agree to the following procedure:

1. Writing a Demand for Arbitration. The request must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of the Demand for Arbitration  at www.adr.org  (“Demand for Arbitration: Customer Arbitration Rules”).
2. Send a copy of the Demand for Arbitration by mail to the AAA at American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.
3. Send a copy of the Demand for Arbitration to the other party at the same address to which the Notice of Dispute was sent, or at another address mutually agreed upon by the parties.

 

(H)  Hearing Format.  In all hearing formats, the arbitrator issues a written decision describing the significant findings and conclusions upon which an amount, if any, is based. During the arbitration, Website Domains, Online Stores and Hosting | Any settlement amount offer made by X Flight School or you shall be subject to arbitration by the arbitrator Website Domains, Online Stores & Hosting | It will not be disclosed to the arbitrator until he determines the amount for which X Flight School or you are liable. Discovery or exchange of non-privileged information regarding the dispute may be permitted during arbitration.

(I)  Arbitration Fees and Payments.

1. Disputes involving $75,000.00 or less. Website Domains, Online Stores and Hosting | X Flight School will promptly refund your filing fees and pay AAA and arbitrators' fees and expenses. Website Domains, Online Stores and Hosting | If you reject X Flight School's last written offer of resolution prior to the appointment of the arbitrator (“Website Domains, Online Stores and Hosting | Stores and Hosting | Website Domains, Online Stores and Hosting | X Flight School: (i) pays the greater of the amount or $1,000.00; (ii) pay twice the reasonable attorneys' fees, if any; and (iii) pay your attorney's expenses (including expert witness fees and costs) reasonably incurred in investigating, preparing, and pursuing your arbitration claim. The arbitrator is responsible for you and Website Domains, Online Stores and Hosting | X Flight School will determine fees, costs and expenses until agreed.
2. Disputes involving amounts over $75,000.00. The AAA rules will govern the payment of filing fees and the payment of the AAA and arbitrators' fees and expenses.
3. Disputes involving any amount. For each arbitration initiated by you, Website Domains, Online Stores and Hosting | X Flight School will seek payment of your AAA or arbitrator fees and costs or filing fees only if the arbitrator decides the arbitration is frivolous or makes an improper motion. Any arbitration Website Domains, Online Stores and Hosting | When X Flight School launches Website Domains, Online Stores & Hosting | X Flight School will pay all filing, AAA, and arbitrator fees and expenses. Website Domains, Online Stores and Hosting | X Flight School will not seek its attorney's fees or costs in any arbitration. Fees and expenses are not included in determining the amount in disputes.

 

(J)  Claims or Disputes Must Be Filed in Court Within One Year.  To the full extent permitted by law, any claim or dispute to which this Section applies must be litigated within one year in small claims or arbitration. The one-year period begins when the Dispute Claim or claim may first be litigated. If not filed within one year, the claim or dispute will be permanently barred.

(K)  30 Day Exit Period.  IF YOU DO NOT WISH TO BE SUBJECT TO THE ARBITRATION PROVISIONS IN THIS DISPUTES SECTION, BY SENDING AN EMAIL TO LEGALOPTOUT@SECURESERVER.NET WITHIN 30 DAYS OF YOUR ACCEPTANCE OF THIS AGREEMENT (UNLESS A LONGER PERIOD IS REQUIRED UNDER APPLICABLE LAW). NAMES, ONLINE STORES AND HOSTING | YOU MUST NOTIFY X FLIGHT SCHOOL. In the email, you must include your (a) first name, (b) last name (c) address, (d) phone number, and (e) account number(s) and the following: “Website Domains, Online Stores and Hosting | I would like to opt out of the arbitration provision in the X Flight School Universal Terms of Service Agreement.” By providing your information via the above method, you can use Website Domains, Online Stores and Hosting | You hereby opt out of the arbitration agreement contained in the X Flight School Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of your acceptance of the Universal Terms of Service. If you withdraw from the contract in accordance with the above-mentioned procedure, the other terms contained herein will continue to apply, including those regarding the applicable regulation and the courts in which legal disputes may arise.

(L)  Changes to This Section.  You and Website Domains, Online Stores and Hosting | X Flight School, without conflict of any provision in this Agreement, Website Domains, Online Stores and Hosting | In the event of future changes to X Flight School's dispute resolution procedure and class action waiver provisions (other than a change to Website Domains, Online Stores and Hosting | You agree that X Flight School will notify you and that you may opt out of such changes within thirty (30) days from the date of notification. If you opt out of future changes, you agree to resolve any dispute between us in accordance with the language of this Section, without any of the proposed changes as set forth in these current Terms. If you do not opt ​​out of any future changes, you will be deemed to have accepted any future changes.

(M)  Separability.  If any provision of this Section is found to be unenforceable, that provision shall be severed, giving full force and effect to the remainder of this Agreement. The foregoing does not apply to class or representative action arbitration; If the prohibition against class or representative actions is found to be unenforceable, the entirety of this Section shall be deemed void. The terms of this Section will survive termination of this Agreement.

(N)  Special Venue for Other Disputes.  Website Domains, Online Stores and Hosting | You and The party also accepts and declares that the exclusive jurisdiction of the courts over these disputes is irrevocable and unconditional. You further agree to waive any right to a jury trial in any action or proceeding.

24. UNOWNED PROPERTY; IMPACT FEES

 

Please note that if a customer has a rolling account balance (credit positive balance) for any reason, whether in the form of Store Credit, a Good as Gold account, or otherwise, for three (3) years or more, Website Domains, Online Stores & Hosting | Please note that X Flight School will transfer the relevant account balance to the relevant US state in accordance with state law.

You acknowledge and agree that we will consider Store Credits dormant if they are both 12 months old and have not been used to pay for a Service or fee. In case of Dormant Store Credits Website Domains, Online Stores and Hosting | X Flight School may deduct a monthly inactivity fee from available Store Credits in an amount equal to the lesser of $25.00 or the sum of Store Credits available on the date of the inactivity fee, as permitted by law. If there is no Store Credit available, we will not impose any further inactivity fees. We may impose an inactivity fee on Store Credits without prior notice to you.

 

25. HEIRS AND APPOINTMENTS

 

 

This Agreement shall be binding and in effect for the benefit of both parties hereto and their respective heirs, successors and assigns.

 

26. NO THIRD PARTY BENEFICIARIES

 

 

Nothing in this Agreement will be deemed to confer any third party rights or benefits.

 

27. US EXPORT LAWS

 

 

This Site and the Services contained on this Site comply with export laws, restrictions, regulations and administrations established by the United States Department of Commerce, the Treasury Department's Office of Foreign Assets Control (“ OFAC ”), the State Department, and other United States authorities (collectively, “ subject to U.S. Export Laws ”). Users may not use the Services available on this Site to collect, store or transmit data under the control of U.S. Export Laws. Users may not export, re-export, or use for export or use the Services found on this Site in violation of the U.S. Export Laws. None of the Services contained on this Site may be downloaded or exported or re-exported to (i) countries to which the United States has a trade embargo (or to nationals or residents of such countries) or (ii) the U.S. Treasury Department's List of Specially Designated Nationals. or other prohibited persons under the U.S. Commerce Department's Denied Persons List or the U.S. Export Laws. By using this Site and the Services found on this Site, you agree to the terms set forth above and represent that you are not a national or resident of, located in, or under the control of any restricted country. You also agree to comply with all U.S. Export Laws (including “anti-boycott,” “deemed export,” and “deemed re-export” regulations). If you access this Site or the Services found on this Site from other countries or jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws and to ensure that such laws do not conflict with U.S. Export Laws. If these laws conflict with U.S. Export Laws, you may not access this Site or the Services contained on this Site. The obligations in this section will survive any termination or expiration of this Agreement or your use of this Site or the Services found on this Site.

 

28. HEADINGS AND SUPER HEADINGS; INDEPENDENT COMMITMENTS; SEPARABILITY

 

 

The headings of this Agreement are provided for convenience and ease of reference only and shall not be used to describe or interpret the parties' agreement in any way not stated herein. Each provision and agreement in this Agreement shall be viewed for all purposes as a separate and independent provision or agreement. If a court of competent jurisdiction finds any provision (or part of a provision) of this Agreement to be unlawful, void or unenforceable, the other provisions (or part of a provision) of this Agreement will not be affected and will remain valid and enforceable to the fullest extent permitted by law.

 

30. CONTACT INFORMATION

 

If you have any questions about this Agreement, please contact us by email or regular mail at the following addresses:

Website Domains, Online Stores and Hosting | X Flight School Legal Department

info@xflightschool.com