These Bond Terms of Service are a legally binding agreement between you (“you” or “your”) and Bond Operations, LLC and Bond Sales, LLC and their applicable subsidiaries and affiliates (“Company” or “we” or “us”) regarding our website at https://bond.co/, along with our related websites, hosted applications, mobile or other downloadable applications, including the Bond Member App, offered by Company, including any Updates (collectively, the “Service”). PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING COMPANY’S PRIVACY POLICY (AVAILABLE AT HTTPS://BOND.CO/PRIVACY) (THE “PRIVACY POLICY” AND TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE COMPANY’S PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND COMPANY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTE AN AGREEMENT BY COMPANY AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF COMPANY AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE OPERATIONAL CALLS OR MESSAGES ABOUT YOUR USE OF THE SERVICE, AS WELL AS MARKETING CALLS OR MESSAGES. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THAT THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND THAT YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE. MESSAGE FREQUENCY VARIES. MESSAGE & DATA RATES MAY APPLY. FOR TEXTS, REPLY STOP TO OPT OUT OR HELP FOR HELP. YOU ALSO CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM BOND IN CONNECTION WITH YOUR APPLICATION. YOU CONFIRM THAT THE CONTACT INFORMATION PROVIDED IS YOUR OWN. YOU UNDERSTAND THAT YOU CAN WITHDRAW YOUR CONSENT AT ANY TIME BY FOLLOWING THE UNSUBSCRIBE LINK IN ANY EMAIL. SEE OUR PRIVACY POLICY.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1.Service Overview
Through the Service, Company offers its members high-end shared ownership of a dedicated fleet of aircraft. Certain aspects of the Service, including the Bond Member App, let fractional aviation members access and manage their flying rights, including by booking flights, viewing trips and flight tracking, and accessing hour balances, statements, passenger, catering, and ground transportation information. Other aspects of the Service, including the Bond Member App, also let members book flights on their aircraft and review usage, schedules, financial statements, reports, and documents (“Owner Mode”). THE SERVICE IS INFORMATIONAL AND DOES NOT REPLACE MANUAL INSPECTIONS OF THE AIRCRAFT AND ITS SYSTEMS, PRE-FLIGHT OR POST-FLIGHT OPERATING PROCEDURES, OR OPERATIONAL DECISIONS OF COMPANY OR THE FLIGHT CREW.
2.Eligibility
By agreeing to these Terms, you represent and warrant to us that: (a) you have completed Company’s registration process to Company’s satisfaction and have executed, and agree to be bound by, the applicable purchase agreement and related acknowledgments (collectively, the “Program Documents”); (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service are in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. If you are prohibited under applicable law from using the Service, then you may not use it.
3.Accounts and Registration
(a)Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, birthdate, email address, or other contact or identification information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will use the login credentials and authentication methods provided by the Service, including a magic link or SMS code and, where enabled, biometric authentication or a PIN. You are solely responsible for maintaining the confidentiality of your login credentials and authentication methods, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at concierge@bond.co.
(b)Managed Users. If you are the primary account holder, you have the ability to grant additional authorized users access to other information related to your account and features related to the Service (“Managed Users”). You may assign Managed Users permission levels, including view only, book self, book others, or full access. Managed Users may access information and features permitted by their assigned permission levels, including information related to your Company-managed aircraft and other personal information available through the Service. By inviting Managed Users, you consent to Company granting your Managed Users access to your account as permitted by the assigned permission level. When you invite a person to be a Managed User, you may be required to provide such Managed User’s name, email address, or other contact or identification information. You represent and warrant that you have permission from such Managed User to add such person to your account and to provide any information to Company, including the Managed User’s personal information, required to initiate registration of such Managed User. You are responsible for all actions taken by your Managed Users through the Service.
(c)Company Access on Your Behalf. You authorize Company and its representatives, including its concierge and member services personnel, to access and log in to your account and use the Service on your behalf to carry out requests you or your Managed Users make, including booking, modifying, or canceling trips, updating passenger, catering, ground transportation, and other travel preferences, and updating account settings and other information. Company may rely on any request it reasonably believes was made by you or a Managed User with the applicable permission level, and actions Company takes on your behalf in response to such requests will be treated as actions taken by you under these Terms and the applicable Program Documents. You are responsible for reviewing confirmations and other information related to such actions and promptly notifying Company of any errors.
4.General Payment Terms
The applicable Program Documents set forth the program fee and payment obligations of members to Company. The Program Documents, including the payment and other terms set forth therein, are incorporated herein by reference. In the event of a conflict between these Terms and the applicable Program Documents with respect to payment terms, the applicable Program Documents shall control.
(a)Flight Cancellations and Refunds. Flight cancellation, credit, charge, and refund terms are governed by the applicable Program Documents. If you cancel a flight through the Service, any credit or charge to your available hours will be determined under the applicable Program Documents.
(b)Delinquent Accounts. Company may suspend or terminate access to the Service for any account for which any amount is due but unpaid.
5.Licenses
(a)Limited License. Subject to your complete and ongoing compliance with these Terms, Company grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (x) install and use one object code copy of any mobile or other downloadable application associated with the Service, including the Bond Member App (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider), on a mobile device that you own or control; and (y) access and use the Service.
(b)License Restrictions. You shall not:
- (i)copy the Service, except as expressly permitted by this license;
- (ii)reproduce, modify, translate, publicly display, publicly perform, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Service;
- (iii)reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any part thereof;
- (iv)remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service, including any copy thereof;
- (v)rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time;
- (vi)interfere with security-related or rights management features of the Service, including by removing, disabling, or circumventing features that prevent or limit use, printing, or copying of any content;
- (vii)use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- (viii)violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- (ix)access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Company;
- (x)interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (A) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (B) making any unsolicited offer or advertisement to another user of the Service; (C) collecting personal information about another user or third party without consent; or (D) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- (xi)perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
- (xii)sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
- (xiii)attempt to do any of the acts described in this Section 5(b) (License Restrictions) or assist or permit any person in engaging in any of the acts described in this Section 5(b) (License Restrictions).
(c)Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
(d)Ownership; Proprietary Rights. The Service is owned and operated by Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Company (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Company or its third-party licensors. Except as expressly authorized by Company, you may not make use of the Materials. You do not acquire any ownership interest in the Materials. There are no implied licenses in these Terms, and Company reserves all rights to the Materials not granted expressly in these Terms. You acknowledge and agree that the Service is licensed and not sold to you. Certain products, services, or designations for entities other than Company may be mentioned or displayed on the Service for identification purposes only. Third-party trademarks, trade names, logos, and product or service names contained on the Service are trademarks, registered and unregistered, of their respective owners.
6.Data
(a)Collection and Use of Your Information. You acknowledge that when you download, install, or use the Service, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your device and your use of the Service. If you use the Service, your information will be processed in the United States where Company is headquartered. By downloading, installing, using, and providing information to or through the Service, you: (i) acknowledge and agree that your information will be processed in the United States; (ii) acknowledge that the data protection laws of other countries, including the United States, may provide a less comprehensive or protective standard of protection than those in your country; and (iii) consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy and applicable privacy laws, including the transfer of your information to the United States.
(b)Privacy Policy. All information collected through or in connection with the Service is subject to the Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
(c)Cooperation with Authorities. Company has the right to fully cooperate with law enforcement authorities, government or regulatory entities, safety and investigative authorities, or as otherwise may be required by court orders, legal proceedings, or applicable law. You acknowledge that Company may disclose information collected, accessed, obtained, stored, shared, or used by, through, in connection with, or support of the Service, including information related to your use of the Service or your information contained in the Service.
7.Your Obligations
You shall:
(a)only use the Service when it is safe to do so and in accordance with aviation best practices and these Terms;
(b)only use the Service in compliance with all applicable laws and regulations, including those related to aviation and/or the operation or use of an aircraft; and
(c)use all security features of your devices that have access to the Service, including any password, locking, or encryption features, to protect against unauthorized access to and use of the Service and your information.
You acknowledge and agree that: (i) you are responsible at all times for the accuracy and completeness of information you provide through the Service, including passenger and travel-document information, and that Company is in no way liable for inaccuracies in that information or your use of the Service; and (ii) Company is not responsible for the acts of third parties who may access the Service and information through your device.
8.Sale of Aircraft
Upon the sale, transfer, trade-in, assignment, or other change in ownership of your Company aircraft (“Sold Aircraft”) connected to the Service, you agree to notify Company and immediately delete the Service from your device and, except as set forth below, cease to access any information associated with your Sold Aircraft in the Service. Except as set forth below, you further agree to cause any Managed Users associated with your account to delete the Service from their respective mobile device(s) and cease to access any information associated with your Sold Aircraft in the Service. Notwithstanding the foregoing, if you retain ownership of, or are a Managed User with respect to, a Company aircraft other than the Sold Aircraft, you may continue to use the Service to access historical data after the disposition of the Sold Aircraft, provided that (a) the Sold Aircraft is delinked, deleted, or otherwise removed from your account; and (b) you do not add, relink, or otherwise continue to access information related to the Sold Aircraft once title to the Sold Aircraft has transferred.
9.Updates
Company reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Company will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. Company may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (i) the Service will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Service or portions thereof may not properly operate should you fail to do so.
10.Third-Party Materials
The Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials), be supported by third-party applications or services, including, without limitation, messaging services such as WhatsApp and SMS, mapping and calendar integrations, and payment processors, or provide links to third-party websites or services (“Third-Party Materials”). By using any Third-Party Materials, you hereby authorize Company to transfer information to the applicable Third-Party Materials and acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Third-Party Materials are not under Company’s control, and, to the fullest extent permitted by law, Company is not responsible for any Third-Party Materials’ use of your exported information and Company will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Once sharing occurs, Company will have no control over the information that has been shared. You agree to be bound by and comply with such third parties’ terms and conditions. The Service may also contain links to third-party websites which are provided solely as a convenience to you. Linked websites are not under Company’s control and Company is not responsible for their content.
11.User Content
Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including photos, images, data, text, and other works (“User Content”).
(a)Ownership and License. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms. By Posting User Content to or via the Service, you grant Company a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed.
(b)Rights to User Content. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that: (i) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Company to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Company, the Service, and these Terms; and (ii) your User Content and the Posting or other use of your User Content as contemplated by these Terms do not and will not infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right, including by invading the right of privacy, publicity, or other property rights of any other person.
12.Communications
If you choose to communicate with us, you expressly consent to Company representatives contacting you in the manner you request. When you install the mobile application version of the Service on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. We may send operational notifications through push notifications, SMS, email, and WhatsApp, including booking confirmations, flight reminders, day-of details, delay or change notices, statements, document-expiry notices, and balance alerts. You may manage available channel preferences in the Service, and you can turn off notifications through your mobile device’s “settings” page. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of receiving marketing emails from Company by unsubscribing in the email. You may continue to receive communications within the Service.
13.Term and Termination
(a)Term. These Terms take effect when you accept these Terms or first download, install, access, or use the Service, and remain in effect until terminated as described in Section 13(b) (Termination).
(b)Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time upon notice if Company has a reasonable belief that you have violated any provision of these Terms, and without any liability to you arising from such termination. You may terminate your access to the Service and these Terms at any time by contacting Company at concierge@bond.co or otherwise following the instructions in the app. Termination will not limit any of Company’s rights or remedies at law or in equity.
(c)Effect of Termination. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer be authorized to access the Service; and (iii) all payment obligations accrued prior to termination and Sections 5(c) (Feedback), 5(d) (Ownership; Proprietary Rights), 6 (Data), 13(c) (Effect of Termination), 15 (Disclaimer of Warranties; No Reliance), 16 (Indemnification), 17 (Limitation of Liability), 18 (Dispute Resolution and Arbitration), and 19(a) (Governing Law) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address, or other forms of account verification.
14.Changes to Terms
Company reserves the right, at Company’s discretion, to change, update, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. All changes are effective immediately except that, for existing users, material revisions will be effective thirty (30) days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 14 (Changes to Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
15.Disclaimer of Warranties; No Reliance
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS COMPANY ENTITIES, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, OR FREE OF DEFECTS, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. COMPANY DOES NOT WARRANT AND WILL NOT BE LIABLE FOR THE ACCURACY, COMPLETENESS, AVAILABILITY, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THE COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE (INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICE) OR FROM YOUR DEALINGS WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, INCLUDING FLIGHT TRACKING, ESTIMATED ARRIVAL TIMES, AIRCRAFT AVAILABILITY, HOUR BALANCES, AND FINANCIAL AND OWNER MODE STATEMENTS AND REPORTS, IS A SUPPORT RESOURCE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE SERVICE DOES NOT REPLACE MANUAL INSPECTIONS OF THE AIRCRAFT AND ITS SYSTEMS, PRE-FLIGHT OR POST-FLIGHT OPERATING PROCEDURES, OR OPERATIONAL DECISIONS OF COMPANY OR THE FLIGHT CREW. FINANCIAL, BALANCE, AND OWNER MODE DATA ARE FOR INFORMATIONAL PURPOSES ONLY, AND THE APPLICABLE MEMBERSHIP OR AIRCRAFT MANAGEMENT AGREEMENT AND OFFICIAL STATEMENTS CONTROL. YOU ARE RESPONSIBLE FOR CONFIRMING THE ACCURACY OF INFORMATION PROVIDED TO YOU VIA THE SERVICE, AND COMPANY IS NOT LIABLE FOR YOUR RELIANCE ON SUCH INFORMATION.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 15 (Disclaimer of Warranties; No Reliance) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Company does not disclaim any warranty or other right that Company is prohibited from disclaiming under applicable law.
16.Indemnification
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Company, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, licensors, service providers, agents, successors, and assigns (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
17.Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO DIRECT DAMAGES IN AN AGGREGATE AMOUNT NOT TO EXCEED $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18.Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(a)Agreement to Arbitrate. Except as described below, you and Company agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration on an individual basis. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims 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. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
(b)Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) file suit in a court of law to address an intellectual property infringement claim.
(c)Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of this Dispute Resolution and Arbitration section within thirty (30) days after the date that you agree to these Terms by sending a letter to Bond OpCo, LLC, 300 SE 2ND Str., Ste. 710, Fort Lauderdale, 33301, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Company receives your Opt-Out Notice, this Dispute Resolution and Arbitration section will be void and any action arising out of these Terms will be resolved pursuant to Section 19(a) (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
(d)Pre-Arbitration Notice and Good-Faith Negotiation. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Company’s address for the Notice of Arbitration is: Bond OpCo, LLC, 300 SE 2ND Str., Ste. 710, Fort Lauderdale, 33301. The Notice of Arbitration must: (i) identify the name or account number of the party making the claim; (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought (“Demand”). The parties will make good-faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice of Arbitration is received, you or Company may commence an arbitration proceeding.
(e)Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Company.
(f)No Class Actions. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(g)Mass Arbitration. If you elect to have your claim addressed as part of a mass arbitration (defined below), you agree to the additional procedures set forth below.
If twenty-five (25) or more claimants submit Notices of Arbitration or attempt to file demands raising similar claims, are represented by the same or coordinated counsel (regardless of whether the Notices of Arbitration or demands are submitted simultaneously), and the parties cannot resolve the cases during the good-faith negotiation period, all of the cases must be resolved in arbitration through staged sets of proceedings. You agree to this process even though it may delay the arbitration of your case.
These mass filing procedures are intended to facilitate the efficient and orderly resolution and settlement of mass arbitrations. If any aspect of this “Mass Arbitration” section has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or prosecution of arbitrations inconsistent with this section and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration, nor will the administrator demand fees in connection with such arbitrations, until such issues are finally resolved. Similarly, any claimants who dispute whether their claims are part of a mass arbitration or are otherwise subject to the requirements of this section may ask a court of competent jurisdiction to resolve that dispute. Notwithstanding the foregoing, if neither party wishes to bring the issue to a court, both parties retain the right to raise issues regarding compliance with or applicability of the requirements of this section and seek appropriate relief in arbitration, including before an AAA Procedural Arbitrator.
If these mass filing procedures apply to your case, the tolling period for your claims will be extended until your case is selected to proceed as part of a staged proceeding, withdrawn, opted out of arbitration (as set forth below), or otherwise resolved.
First Stage: In the first stage, counsel for the parties shall each select twenty-five (25) cases per side (50 cases total) to be filed in arbitration and to proceed individually in accordance with this Dispute Resolution and Arbitration section, with each case assigned to a separate and different arbitrator (unless the parties agree otherwise). In the meantime, any remaining cases shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those cases unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After the first stage is completed, the parties shall engage in a global, non-binding, and confidential mediation of all remaining cases with a retired federal or state court judge, and Company shall pay the mediator's fee.
Second Stage: If the parties are unable to resolve the remaining cases after the mediation, the parties shall repeat the same process as in the first stage outlined above. After the second stage is completed, the parties will again engage in a global, non-binding, and confidential mediation of all remaining cases with a retired federal or state court judge, with the mediator's fee paid for by Company.
If the parties are unable to resolve any remaining cases after a second global mediation session:
Option One: You and Company, separately or by agreement, may opt out of arbitration and elect to have your case heard in a court of competent jurisdiction consistent with the remainder of these Terms. You may opt out of arbitration by sending a letter to Bond OpCo, LLC, 300 SE 2ND Str., Ste. 710, Fort Lauderdale, 33301 within thirty (30) days after the conclusion of the second global mediation session that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration. Company may opt your case out of arbitration by sending a notice of intent to opt out to your counsel within fourteen (14) days after your 30-day opt-out period ends. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor Company elects to have your case heard in court consistent with Option One, then you agree that your case will be resolved through continuing staged proceedings as set forth below. Assuming the number of remaining cases exceeds two hundred (200), then two hundred (200) cases shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. The parties shall meet and confer regarding ways to increase the efficiency of the process, including whether to allow more than two hundred (200) cases to be brought at a time. If the number of remaining cases is fewer than two hundred (200), then all of those cases shall be filed and proceed in individual arbitrations. No more than five (5) cases within any set of two hundred (200) cases may be assigned to the same arbitrator to proceed individually, unless the parties agree otherwise in writing. Any remaining cases shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those cases unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process.
Throughout the staged process above, the arbitrators for the cases are encouraged to resolve the cases within one hundred twenty (120) days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. If any case selected for a staged set of proceedings is withdrawn prior to the arbitrator's award (and without the consent of the other party), another case shall be selected to proceed individually in arbitration consistent with the process set forth above.
A court of competent jurisdiction will have the authority to enforce this Mass Arbitration section and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of arbitration fees. This Mass Arbitration section and each of its requirements are intended to be severable from the rest of this Dispute Resolution and Arbitration section. But if a court of competent jurisdiction decides that the staging process set forth in this Mass Arbitration section applies to your dispute and is not enforceable (and after exhaustion of all appeals), then your dispute will proceed in a court of competent jurisdiction, consistent with the remainder of these Terms, and will not proceed in arbitration.
(h)Modifications to Arbitration Provision. If Company makes any substantive change to this Dispute Resolution and Arbitration section, you may reject the change by sending us written notice within thirty (30) days of the change to Bond OpCo, LLC, 300 SE 2ND Str., Ste. 710, Fort Lauderdale, 33301, in which case your account with Company will be immediately terminated and this Dispute Resolution and Arbitration section, as in effect immediately prior to the changes you rejected, will survive.
(i)Enforceability. If the No Class Actions provision or the entirety of this Dispute Resolution and Arbitration section is found to be unenforceable, or if Company receives an Opt-Out Notice from you, then the entirety of this Dispute Resolution and Arbitration section will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19(a) (Governing Law) will govern any action arising out of or related to these Terms.
19.Miscellaneous
(a)Governing Law. These Terms are 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. Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the United States District Court for the Southern District of Florida or the courts of the State of Florida located in Broward County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(b)General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, and the Program Documents are the entire and exclusive understanding and agreement between you and Company regarding your use of the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service. In the event of a conflict between these Terms and the Program Documents with respect to the Service (i.e., the website at https://bond.co/, along with our related websites, hosted applications, mobile or other downloadable applications, including the Bond Member App), these Terms shall control. In the event of a conflict between these Terms and the Program Documents with respect to the purchase and ownership of fractional interests, flight, aircraft management, aircraft exchange, scheduling, operational, and fee matters, the applicable Program Documents shall control. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.
(c)Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
(d)Export Regulation. The Service may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside the US.
(e)Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
(f)Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.
(g)Contact. For questions, complaints, claims, or more information, please contact Company at:
Bond OpCo, LLC
300 SE 2ND Str.
Ste. 710
Fort Lauderdale, 33301
Phone: (954) 930-1500
Email: concierge@bond.co
(h)Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
(i)Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
(j)No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
(k)International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
20.Notice Regarding Apple
This Section 20 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Company only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.