Terms of Service

Terms of Service ("Terms")
Last updated: October 17, 2017


Please read these Terms of Service ("Terms", "Terms of Service") carefully before using this website or any other YouTalent website or service including YouTalent mobile application (together, or individually, the "Service") operated by Free Flight Group L.L.C. ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.

Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on their according basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Free Flight Group L.L.C. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Free Flight Group L.L.C. customer support team. A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Free Flight Group L.L.C. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Free Flight Group L.L.C. to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Free Flight Group L.L.C. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial
Free Flight Group L.L.C. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Free Flight Group L.L.C. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you may be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Free Flight Group L.L.C. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes
Free Flight Group L.L.C., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions or any other paid services. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Free Flight Group L.L.C. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Free Flight Group L.L.C. may, but is not obligated to provide you with any other pricing changes in regards to any other paid service or give you an opportunity to terminate any such services before pricing changes become effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds
Certain refund requests for Subscriptions may be considered by Free Flight Group L.L.C. on a case-by-case basis and granted in sole discretion of Free Flight Group L.L.C. No refund(s) shall be given in whole or in part for any other paid service offered through the Service (directly or indirectly) or by us after the purchase.

Content
Our Service allows you to post, link, store, share, transmit and otherwise make available certain information, including but not limited to, text, graphics, music, sound, video, photographs, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, truthfulness, completeness, accuracy and appropriateness. You may not post Content on or through the Service such as, but not limited to, anyone's identification documents, sensitive financial information, worms, viruses, Trojan horses or malicious code. You may not post Content on or through the Service that maybe considered as or that is, but not limited to, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, harmful, violent, dangerous, criminal, or illegal in nature. We do not guarantee any confidentiality with respect to any Content posted on or through the Service. By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or any other rights. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, process, modify, publicly perform, publicly display, publish, reproduce, and distribute such Content on and through the Service and in any and all media formats or media distribution methods. You also grant each user of the Service a non-exclusive license to access your Content through the Service, who may also use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service subject to these Terms. Free Flight Group L.L.C. has the right but not the obligation to monitor, edit and delete all Content provided by users without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Any Content deleted by you or us may persist in backup copies for an unspecified period of time and will not be available to others unless your Content has been shared with others through functionality offered by the Service, and they have not deleted it. In addition, Content found on or through this Service is the property of Free Flight Group L.L.C. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts
When you create an account with us, you affirm that you are at least 16 years of age, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. If you are between the ages of 16 and 18, you must possess a legal parental or guardian consent and are fully able and competent to enter into the terms set forth in these Terms as well as abide by and comply with these Terms. You may not create more than one account. You will not transfer your account to, use anyone else’s account, or allow your account to be used by anyone else. In the event of your account being deleted or disabled by us you will not create another account without our express permission. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. We are not liable for your losses in the event of an unauthorized use of your account. You may be held liable for the losses of Free Flight Group L.L.C. or others due to such an unauthorized use. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. You do not have permission to access this Service or create an account if you are a convicted sex offender. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

General Use of Service
You may not engage in any of the following activities while you are accessing the Service, which are, but not limited to: (i) access the Service through any means (technology, software or otherwise) other than a conventional web browser or an explicitly approved mobile application through public web pages of the Service (ii) probe for or test for vulnerability of the Service (iii) gain or attempt to gain unauthorized access to the Service (iv) interfere with or disrupt normal operation of the Service (v) try to alter or alter any part of the Service (vi) sell access to the Service (vii) spam or overload the Service (viii) use the Service in a manner that is unconventional, unprofessional, unethical or creates an undue burden on the Service (ix) data mine the Service (x) harass, stalk, impersonate or exploit other users of the Service

Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@youtalent.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims" You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; - a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; - identification of the URL or other specific location on the Service where the material that you claim is infringing is located; - your address, telephone number, and email address; - a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; - a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You can contact our Copyright Agent via email at dmca@youtalent.com

Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Free Flight Group L.L.C. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Free Flight Group L.L.C.

Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Free Flight Group L.L.C. Free Flight Group L.L.C. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services or the content of the links linking to them. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Free Flight Group L.L.C. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination
We may terminate or suspend your account including your posted Content and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification
You agree to defend, indemnify and hold harmless Free Flight Group L.L.C. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability
In no event shall Free Flight Group L.L.C., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, physical, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, any other intangible losses, bodily harm or injury to human or non-human subject, death, damage to property (including real estate), resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We reserve the right to discontinue any aspect of the Service at any time. Free Flight Group L.L.C. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components or content; or d) the results of using the Service will meet your requirements.

Arbitration Agreement, Waiver of Trial by Jury, Class Waiver
A. Most of the disputes and problems may easily be resolved by contacting our support team at support@youtalent.com. When contacting us please include your full name and email address that is used in connection with the Service and a detailed description of the issue at hand. Remember that we are here to help you and will do everything possible to resolve the issue without escalation. Good-faith negotiations are a mandatory condition prior to either party initiating a lawsuit or arbitration.
B. If parties are unable to come to reasonable solution to the issue after good-faith negotiations have taken place, then either party may initiate binding arbitration provided that at least 30 days has passed since the beginning of such good-faith negotiations. Specifically, all claims arising out of or related to these Terms of Service, the parties’ relationship with each other, and/or your use of Service shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedures Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. The parties also understand that the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Any such arbitration shall be conducted by the parties’ individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth here is void or unenforceable for any reason, or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
C. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
D. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth herein by sending a signed photocopy of the written notice of your decision to opt-out to the following email address: support@youtalent.com The notice must be sent within 30 days of you first registering with the Service via any of the available registration methods(sign-up methods), otherwise you shall be bound to arbitrate disputes in accordance with the terms listed above. If you opt-out of these arbitration provisions, we also will not be bound by them. We also reserve the right to terminate your access or use of the Service if you opt-out of the above arbitration provisions.
E. To the extent that the arbitration provisions set forth in Section (B) above do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to the above paragraphs, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Fairfax County, Virginia (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Virginia for any litigation other than small claims court actions.

Notice To California Users: Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us in writing at: Free Flight Group L.L.C. 9501 Burke Rd. #11754 Burke, Virginia 22009.

Special Notice to New Jersey Users: Pursuant to the New Jersey Truth in Consumer Contract Warranty and Notice Act (“TCCWNA”), some of the sections and/or provisions (in whole or in part) in these Terms of Service may not apply to those persons covered by that law.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of Virginia, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us
If you have any questions about these Terms, please contact us.