Trilogy Tunnel Flight LLC (“iFLY Miami,” “we,” or “us”) owns and operates iflymiami.com and other sites linking to these Terms of Use (individually, the “Site”, or, collectively, the “Sites”). Through the Sites, iFLY Miami provides various service offerings, information, and resources related to indoor skydiving (each a “Product” and collectively, the “Products”). References to the Sites herein include the Products.

iFLY Miami may change, suspend, modify, or discontinue all or any part of the Sites in its sole discretion with or without notice. iFLY Miami is not liable if all or any part of a Site is, for any reason, unavailable at any time or for any period. iFLY Miami reserves the right to block or deny access to any of the Sites to anyone at any time for any reason. iFLY Miami is not obligated to correct or update any information or content on the Sites.

TERMS AND CONDITIONS, CHANGES TO THE TERMS OF USE

These terms of use (together with any additional terms, as described below) (“Terms of Use”) are an agreement between you and iFLY Miami governing your access to and use of the Sites, their functionality, and their content. Subject to your full and ongoing compliance with these Terms of Use, iFLY Miami hereby grants you the limited and revocable right to access and use those portions of the Sites for which you registered or are otherwise granted access, solely for their intended purposes, and solely for your internal business purposes. If you use or access the Sites on behalf of a business or other entity, you must have authority to bind that business/entity. In such case, the term “you” includes the business/entity and any of its agents that use or access the Sites. By using or accessing the Sites, you represent and warrant that you are of legal age to accept these Terms of Use and form a binding contract with iFLY Miami.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING ANY PAGES ON THE SITES; CREATING AN ACCOUNT; USING ANY PRODUCTS MADE AVAILABLE THROUGH THE SITES; POSTING, SUBMITTING, TRANSMITTING, OR UPLOADING ANY INFORMATION OR CONTENT THROUGH THE SITES; OR USING ANY PLATFORM, YOU EXPRESSLY AGREE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES, AND COVENANTS SET FORTH IN THESE TERMS OF USE AND ANY APPLICABLE POLICIES AND DISCLAIMERS REFERENCED HEREIN OR ON THE SITES. DO NOT USE THE SITES IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND OTHER POLICIES.

As stated above, iFLY Miami reserves the right to update or modify the Terms of Use at any time on a going forward basis, with or without prior notice, and such changes will become effective as follows. Modifications to these Terms of Use will be effective upon the earlier of (i) your first use of the Sites or Product with actual notice of such change, or (ii) 30 days from the public posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms of Use in place at the time the dispute arose. We use reasonable efforts to ensure that the Terms of Use identify the last date of update. In the case of material changes to the Terms, iFLY Miami will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. We encourage you to review these Terms of Use frequently to stay informed of the latest modifications.

USER CONTENT

The Sites may now or in the future contain Products that use information you have provided to iFLY Miami and that allow you and others to post, submit, publish, display, or otherwise transmit (“post”) various information and materials (“User Content”), which may include answers in response to questions, comments, documents, and other similar content. Other than personally identifiable information that you provide to iFLY Miami in connection with your account or as requested or required by the Sites (which information is subject to the Privacy Policy) and except as expressly provided in these Terms of Use, User Content is and will be considered non-confidential and non-proprietary. You retain all your ownership rights in and to your User Content, and by posting User Content to the Sites, you hereby grant to iFLY Miami an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable, sublicensable, and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit, broadcast, or otherwise exploit such User Content and derivatives thereof, in whole or in part, and in any form, media, or technology now known or hereafter developed.

iFLY Miami is under no obligation to use, return, review, or respond to User Content. You understand and acknowledge that you are responsible for any User Content you provide. In providing any User Content, you represent and warrant that: (a) you own or control all rights in and to such User Content and have the right to grant the license granted above, and (b) all of your User Content does and will comply with these Terms of Use, including the Content Standards below. You have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness, as further explained in the Content Standards.

CONTENT STANDARDS

You agree that you will not post any User Content that (a) infringes or violates any other party’s intellectual property rights, (b) fails to comply with applicable laws and regulations, or (c) contains any expressions of hate, abuse, offensive images or conduct, or any similar content. Without limiting the foregoing, User Content must not:

• contain any defamatory, libelous, slanderous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, sexually explicit, pornographic, or otherwise objectionable (as determined by iFLY Miami in its sole discretion) material;

• promote violence or discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation, gender identity, or age;

• violate any person’s or party’s legal rights (including intellectual property rights, moral rights, and rights of publicity and privacy);

• impersonate any person or entity or misrepresent the identity or affiliation of the user or any other party;

• appear as if it is posted by or endorsed by iFLY Miami or any other person or entity, if this is not the case;

• be likely to or designed to deceive any person;

• contain any material that is unlawful or could result in civil or criminal liability;

• incite, advocate, promote, contribute to, enable, or assist any illegal or unlawful activity;

• involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising, other than as conducted by iFLY Miami in its operation of the Sites; or

• conflict with these Terms of Use or any other applicable law or policy.

MONITORING OR REMOVAL OF USER CONTENT

iFLY Miami is not responsible or liable to any third party and assumes no liability for any action or inaction regarding the posting of User Content by any user or third party. At its discretion iFLY Miami may, but is not obligated to, take steps to monitor User Content. However, iFLY Miami does not review material before it is posted and makes no guarantees regarding promptness of removal of objectionable material after it has been posted. iFLY Miami is not deemed to endorse, verify, or agree with any User Content.

iFLY Miami reserves the right, in its sole discretion, to: (a) remove or refuse to post any User Content for any or no reason; (b) take any action with respect to any User Content that it deems necessary or appropriate, if iFLY Miami believes that it violates the Terms of Use or Content Standards, infringes any intellectual property rights, threatens a person’s safety, or could create liability for iFLY Miami; or (c) take any action iFLY Miami deems appropriate or advisable, including referral to law enforcement, for illegal or unauthorized User Content or use of the Sites, to prevent harm, or to protect against liability.

Without limiting the foregoing, iFLY Miami has the right to fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose the identity or other information of anyone posting any User Content. YOU WAIVE AND HOLD HARMLESS IFLY MIAMI AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY IFLY MIAMI OR LAW ENFORCEMENT AUTHORITIES.

IFLY MIAMI HAS NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

• in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries);

• for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for personally identifiable information, defrauding them, or similar conduct;

• to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards;

• to transmit, or procure the transmission of, any advertising or promotional material except as expressly permitted on the Sites;

• to impersonate or attempt to impersonate iFLY Miami, an employee of iFLY Miami, another user, or any other person or entity;

• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by iFLY Miami, may harm iFLY Miami or users of the Sites, expose them to liability, or threaten the security of their personally identifiable information;

• to provide services, information, materials, resources, or advice to any third person, directly or indirectly, on a service bureau basis or otherwise.

Additionally, you agree not to:

• use the Sites in any manner that could disable, overburden, damage, or impair the Sites;

• use any manual process or robot, spider, or other automatic device, process, or means to access, monitor, or copy all or any part of the Sites for any purpose;

• use any device, software, or routine that interferes with the proper working of the Sites, including by the introduction of or attempted introduction of logic bombs, trojan horses, viruses, worms, or other malicious or harmful material or code to the Sites or any server, computer, software, or database connected to the Sites;

• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites;

• attack the Sites via any denial-of-service attack; or

• otherwise attempt to interfere with the proper working of the Sites.

INTELLECTUAL PROPERTY RIGHTS

iFLY Miami and its licensors or other providers own the Sites, including all of their content, features, and functionality—including any information, software code, text, displays, images, video, and audio, and the design, selection and arrangement of such material, and any documents, resources, recommendations, guidance, forms, policies, or other materials provided or generated through the Sites (“Site Content”). The Sites and all such Site Content are protected by US and international copyright, trademark, and other laws and treaties, and may not be used except as permitted in the Terms of Use. No right, title, or interest in or to the Sites or any Site Content is transferred to you, and all rights not expressly granted are reserved by iFLY Miami. Any use of the Sites or Site Content not expressly permitted by the Terms of Use is a breach of them and may violate copyright, trademark, and other laws.

You may access and use Sites solely for their intended purpose. You must not delete or alter any copyright, trademark, or other proprietary rights notices from any Site Contents or other materials. You may not modify; reproduce; publicly display, perform, or distribute; or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Sites or any materials on the Sites, except as expressly permitted by these Terms of Use or other applicable policies.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must destroy any copies of the materials you have made.

You should notify iFLY Miami of any suspected copyright infringement in accordance with the relevant provisions of the Digital Millennium Copyright Act.

TRADEMARKS

As between you and iFLY Miami, iFLY Miami owns and retains all rights in its trademarks, trade names, and trade dress which may be used on the Sites, including company and Product names, logos, slogans, and designs, which are registered and/or common law trademarks of iFLY Miami and are protected by United States and international laws and treaties. No license to use such items is granted to you under these Terms of Use or by your use of the Sites. iFLY Miami will aggressively enforce its intellectual property rights to the fullest extent of the law.

All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and are used in accordance with law and/or license or other agreement.

RELIANCE ON POSTED INFORMATION

The Sites may include content provided by third parties. Other than content provided by iFLY Miami, all statements and/or opinions expressed, all articles and responses to questions, and other content are solely the opinions and the responsibility of the party providing those materials. iFLY Miami is not responsible for the content or accuracy of any materials provided by any third parties. iFLY Miami does not warrant the accuracy, completeness, or reliability of any third-party information on the Sites. Information provided by iFLY Miami on the Sites is informational only. iFLY Miami does not guarantee the accuracy of information provided on the Sites.

INFORMATION GATHERED ABOUT YOUR VISITS TO THE SITES

iFLY Miami may automatically collect information about you and your use and navigation of the Sites. All such information is subject to the Privacy Policy. By using the Sites, you consent to all actions taken by iFLY Miami with respect to your information in compliance with the Privacy Policy and legal requirements.

LINKING TO THE SITES AND SOCIAL MEDIA FEATURES

You may link to iFLY Miami Sites, provided you do so in a way that is legal and does not damage or take advantage of the reputation of iFLY Miami. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of iFLY Miami without the express written consent of iFLY Miami.

iFLY Miami Sites may offer integration with social media websites or apps. The Sites may provide features that enable you to: (a) link from your own or certain third-party social media websites to particular content or types of content on the Sites; (b) send e-mails or other communications with certain content, or links to certain content, on the Sites; or (c) cause limited portions of content displayed on the Sites to be displayed or appear to be displayed on your own or certain third-party sites. You may use these features solely as iFLY Miami provides, and only with respect to the content that iFLY Miami makes available for this purpose. Such use must also be in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) establish a link from any website or social media account that you do not own or control; (b) cause the iFLY Miami Sites or portions of it to be displayed, or appear to be displayed (by, for example, framing or in-line linking) on any other site; or (c) take any other action with respect to the material or content on the Sites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with iFLY Miami in causing any unauthorized framing or linking to cease immediately. iFLY Miami may withdraw linking permission without prior notice. iFLY Miami may disable any or all social media features and any links at any time without notice.

LINKS FROM THE SITES

Links to non-iFLY Miami sites and resources provided on the iFLY Miami Sites are provided for your convenience only. They do not signify that iFLY Miami endorses any such websites or companies, including any sponsor(s). iFLY Miami has no control over those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from use of them. You access third party websites linked to the Sites entirely at your own risk and subject to the terms and conditions of such sites. Third party websites have their own terms of use and policies and are not subject to these Terms of Use. 

GEOGRAPHIC RESTRICTIONS

We provide the Sites for use only by parties located in the United States. We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States. Access to the Sites by certain persons or in certain countries may not be legal. If you access the Sites from outside the United States, you do so on your own initiative, at your own risk, and are responsible for compliance with local laws. 

DISCLAIMER OF WARRANTIES

THE SITES AND ANY CONTENT AND SERVICES ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESS WARRANTIES PROVIDED IN THESE TERMS OF USE OR OTHER APPLICABLE POLICIES. NEITHER iFLY Miami NOR ANY PERSON OR ENTITY AFFILIATED OR ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITES OR SITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER iFLY Miami NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, iFLY Miami DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ESTABLISHING, PERFECTING, OR MAINTAINING COMPLIANCE WITH ANY PARTICULAR LAW OR LEGAL REQUIREMENT.

THE FOREGOING APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND DO NOT EXCLUDE OR LIMIT ANY WARRANTIES TO THE EXTENT THAT THEY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE FOREGOING LIMITATIONS WILL APPLY SOLELY TO THE EXTENT LEGALLY PERMISSIBLE.

LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS

IN NO EVENT WILL iFLY Miami, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, DIRECTORS, AFFILIATES OR LICENSORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY SITE CONTENT OR OTHER CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, iFLY Miami WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE’S MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

YOU UNDERSTAND AND ACKNOWLEDGE THAT iFLY Miami WOULD NOT BE ABLE TO PROVIDE THE SITES AND PRODUCTS ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS OF WARRANTIES LIABILITY, AND THAT ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless iFLY Miami, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your User Content and your use of the Sites, including any violation of these Terms of Use or applicable law in connection therewith. 

GOVERNING LAW AND JURISDICTION

You agree that all matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). 

You agree that the federal and state courts located in the State of Florida have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of the Sites. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

DISPUTE RESOLUTION AND ARBITRATION

In the interest of resolving disputes between you and iFLY Miami in the most expedient and cost effective manner, and except as described below, you and iFLY Miami agree that every dispute arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY USING OR ACCESSING THE SITES, YOU AND IFLY MIAMI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Any arbitration between you and iFLY Miami will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. 

WAIVER AND SEVERABILITY

No waiver by iFLY Miami of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of iFLY Miami to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, the Privacy Policy, and other policies provided on iFLY Miami’s website constitute the sole and entire agreement between you and iFLY Miami with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Sites unless you have entered into a separate agreement, signed by both parties, that specifically preempts these Terms of Use.

YOUR COMMENTS AND CONCERNS

This website is operated by Trilogy Tunnel Flight LLC.

All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: info@iflymiami.com.

Last Updated: August 18, 2023