SUBSCRIBER/USER AGREEMENT

FLYSHARE is a wholly owned subsidiary of Mandrek Corporation. This agreement is the entire agreement between FLYSHARE and its subscribers/users and it includes FLYSHARE’s policies, disclaimers and limitation of liability statements. FLYSHARE does not agree to, and shall not be bound by, any other terms. By logging on and proceeding to use FLYSHARE services subscribers/users affirm that they have read and agree to the terms of this agreement including all aspects of the FLYSHARE disclaimer, limitations of liability, and privacy policy statements.

At the present time FLYSHARE offers its services free of charge, however, FLYSHARE reserves the right, and intends, to change this policy and charge for its services in the future. At that time users will be made aware that any further use of FLYSHARE’S services will be for a fee and users will either agree to the fee structure or elect to discontinue use.

FLYSHARE services are provided without warranty of any kind either express or implied. FLYSHARE, its agents, affiliates, service providers, suppliers, content providers and advertisers disclaim any and all implied warranties regarding FLYSHARE and the information obtained therefrom, including any warranty of merchantability or fitness for a particular purpose. Neither FLYSHARE nor any of its partners, agents, affiliates, suppliers, content suppliers or advertisers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to any use of any kind of FLYSHARE services.

Subscribers/users agree to all terms related to this licensing agreement and FLYSHARE use policies. Subscribers/users agree to not install any software or related material belonging to and intended for use by FLYSHARE subscribers/users, or if installed to uninstall any and all software or related material if such subscribers/users do not agree to the terms of this agreement. Subscribers/users agree that if they have any questions regarding FLYSHARE’S use policy they will contact or e-mail FLYSHARE before they log on and agree to the terms of this agreement. FLYSHARE will be happy to address any and all subscriber/user questions or concerns before they agree to such terms through their act of logging on to and using FLYSHARE services.

FLYSHARE is intended as a means of sharing information between people wishing to travel to a destination and pilots wishing to share their ride. It is the responsibility of those using this informational exchange service to determine compliance with all laws within the geographical boundaries of the areas in which they travel. As always, it is the responsibility of the pilot in command to comply with all Federal Aviation Regulations.

FLYSHARE shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the use by anyone of FLYSHARE. Liability by FLYSHARE is limited exclusively to a refund of the subscription price or the user fee. Logging on and/or clicking the “I agree” button constitutes acceptance of the terms by subscriber/user and is a declaration by the subscriber/user that they have read and accept all of the terms of the agreement.

FLYSHARE services are intended to be used by the subscriber/user for his or her own private benefit. FLYSHARE services may not be used for commercial purposes or resold to another for purposes of monetary gain. Neither FLYSHARE, its affiliates, suppliers, service providers, agents or other associates are engaged in rendering advice regarding compliance with applicable local, state or federal laws or regulations and shall have no liability or responsibility to any party for any loss or damage caused or alleged to be caused by the use of any services of FLYSHARE.

Subscribers/users agree to pay all fees and charges as per current FLYSHARE pricing and payment policies, including monthly fees and/or charges. FLYSHARE fees may be changed from time to time upon reasonable notice. By providing FLYSHARE with a credit card account number and information subscribers/users authorize FLYSHARE to continue to charge that account monthly the agreed upon fees and/or charges. Monthly service fees/charges may be charged up to 30 days in advance of the first day of the month for which such charges relate. Subscribers/users agree to notify FLYSHARE immediately of any changes in credit card information, including without limitation any change in expiration date. Material downloaded from FLYSHARE is limited to one digital copy, one back-up copy and one print copy. No other copying is authorized without prior written permission from FLYSHARE. Subscribers/users agree to pay any fees due to FLYSHARE including any administrative late fees and related costs, charges and assessments due to late payments or non-payments. Services may be terminated upon failure to pay. Subject to applicable law subscribers/users must notify FLYSHARE of billing errors or requests for refunds within 60 days of the date of the error.

Subscribers/users expressly agree not to use FLYSHARE directly or indirectly to undertake or accomplish any unlawful purpose or in violation of any FLYSHARE policy. FLYSHARE’s acceptable use policies, as posted on its website, may change from time to time and subscribers/users agree to consult the current policies regularly to conform to the most recent version. Subscribers/users agree to comply with all federal, state and local laws in using FLYSHARE services. FLYSHARE services are offered for personal, non-commercial use only and subscribers/users agree to conform with this intent and purpose. Specifically, FLYSHARE subscribers/users agree not to make commercial use of FLYSHARE services.

Under no circumstance and under no legal theory (including without limitation tort, contract and otherwise) shall FLYSHARE or its affiliates or agents have any liability to any subscriber/user or to any person or entity for any direct, indirect, incidental, special, treble, punitive, exemplary or consequential losses or damages including without limitation loss of profits, loss of earnings, loss of business opportunities, and personal injuries including death resulting directly or indirectly out of or otherwise arising in connection with use of FLYSHARE services. FLYSHARE shall not be liable to subscribers/users, through their use of FLYSHARE services, whether liability is alleged as a result of software or hardware damage to subscribers/users computer, computer viruses, corruption of files, delays in operation, or other defects. Subscribers/users agree that FLYSHARE is not liable under any legal theory for damages sustained by any subscriber/user of FLYSHARE services arising out of any mutual consensual meeting of subscribers/users for the purpose of arranging among themselves to make agreements to share flying experiences or any other purpose. FLYSHARE specifically states that it has not determined and will not investigate the veracity of any posted statements made by any one subscriber/user that may be relied upon by any other subscriber/user, and all subscribers/users agree to hold FLYSHARE harmless for any claims in any form that any subscribers/users or others may allege have occurred as a result of reliance on such posted statements.

FLYSHARE shall have no obligation to monitor postings made in connection with its services. However, subscribers/users acknowledge and agree FLYSHARE shall have the right to monitor all postings placed by subscribers/users. FLYSHARE reserves the right to refuse to upload, post, publish, transmit or store any information in whole or in part that in FLYSHARE’s sole discretion is unacceptable, undesirable, or in violation of this agreement. Any sensitive, personal or confidential information posted, stored, transmitted, or disseminated by subscribers/users is done so at their sole risk and neither FLYSHARE or its affiliates or agents shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such postings or transmissions of sensitive or personal confidential information by subscribers/users. FLYSHARE urges users to keep private any and all information of a sensitive personal or financial nature, and not to share such information with others unless and until they have carefully evaluated the circumstances and after exercising their own personal discretion.

FLYSHARE is committed to keeping subscriber/user personal information confidential. FLYSHARE does not exchange, rent, sell or in any way divulge any personal confidential information about website visitors and/or subscribers/users to any other sources. Registering with and providing personal confidential information to FLYSHARE allows subscribers/users to access and take advantage of subscriber-only features on the website and FLYSHARE does not share such information with any other entities except as required by law.

Visitors to FLYSHARE, whether a subscriber member or simply as a visitor, can be assured that FLYSHARE is very careful with their information. FLYSHARE maintains a list of e-mail addresses of its member subscribers and users for purposes of contacting with special offers, confirmation of member status, reminders, newsletters, as well as other administrative reasons. FLYSHARE will utilize user information in the usual course of business in the performance of normal business operations such as accounting, billing, collections and notifications. From time to time reputable companies, organizations, and agencies may have promotions, special offers, events and other valuable information to share with FLYSHARE and its users. If FLYSHARE member subscribers or visitor users wish to participate in such promotions, special offers, or other events they must affirmatively and expressly request to be included. Such request to share subscriber/user information can be accomplished by contacting FLYSHARE and authorizing release of information by e-mail at support@flyshare.com, or by writing to FLYSHARE at 194 Athens Street, Boston, MA 02127. Such authorization shall remain in effect until FLYSHARE is directed to discontinue sharing such information at which point FLYSHARE will retain all such information, keep it private, and will not share it with others.

FLYSHARE may at any time amend this agreement and modify its services available to subscriber-only access. An amended agreement will be made available online to subscribers/users and will be effective immediately upon posting. By acknowledging acceptance or by using subscriber-only services after the posting subscribers/users agree to be bound by the amended agreement. Subscribers/users are responsible for all access to and use of subscriber-only services by means of user name and password. Subscribers/users are not permitted to share their password or user name nor share access to FLYSHARE with others. FLYSHARE makes no warranties or representations that access to subscriber-only areas of the website will be uninterrupted or error free. This agreement and access to FLYSHARE may be terminated at any time by providing notice to FLYSHARE by e-mail at support@flyshare.com. FLYSHARE may terminate the agreement and access to subscriber-only areas at its sole arbitrary discretion. FLYSHARE will provide written or online notice of termination if a subscriber/user commits a material breach of this agreement or if FLYSHARE determines a subscriber/user is ineligible to use subscriber-only areas. This agreement is governed by the laws of the State of Massachusetts. If any provision of the agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of the agreement will not be affected. Failure by FLYSHARE to enforce any provision of this agreement will not constitute a waiver of the right to later enforce it. Subscribers/users agree to provide FLYSHARE with accurate and complete information necessary to process FLYSHARE’s subscriber-only areas registration and to promptly notify FLYSHARE of any changes in such information. Failure to do so will constitute a material breach of this agreement for which FLYSHARE shall have the right to terminate access to subscriber-only areas.

Please click on the contact us link before proceeding to access or log on to FLYSHARE if you have any questions or concerns about this agreement or FLYSHARE’s privacy policies, disclaimer, or limitations of liability.