Terms & Conditions
Agreement between User and WWW.EYEINTHESKY.COM
Welcome to WWW.EYEINTHESKY.COM (the “Site”). The Site is comprised of various web pages operated by EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY (“EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY” or “us” or “we”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The Site is an E-Commerce Site.
EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY seeks to simplify private plane travel by creating a seamless system for finding flights and indicating flight interest to people you don’t mind sharing a private plane with (the “Service”).
Privacy
Your use of the Site is subject to EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending emails to EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or other devices used to access the Site, and you agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY is not responsible for third-party access to your account that results from theft or misappropriation of your account or access thereto. EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.
Membership
The Site offers two types of membership: a Flyer Member and a Host Member. A Flyer Member is a member who is interested in flying on a Host Member’s aircraft from time to time. A Host Member is the operator of a properly licensed aircraft who is interested in allowing Flyer Members to purchase available seats on flights of the Host Member’s aircraft(s). Host Members may also act on the Site as a Flyer Member. By becoming a Flyer Member or a Host Member, you agree to pay the monthly membership fee (the “Membership Fee”) as designated on the Site for at least one year (the “Membership Term”). EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY may bill the Membership Fee on a monthly basis, but the Member is obligated to pay the remaining Membership Fees for the Membership Term prior to terminating such Member’s membership. Any changes to the Membership Fees during a Membership Term will take effect in the next billing period.
EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY does not receive compensation or revenue share in any amounts a Flyer Member pays to a Host Member for any flights and is not responsible for any payments from a Flyer Member to a Host Member. When a Flyer Member contracts to fly on or pays for such flight on a Host Member’s aircraft, the Host Member’s terms and conditions control this transaction and EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY is not liable for the cancelation of or rejection of the Flying Member’s participation in any such flight. If a Flying Member has agreed to fly on a Host Member’s aircraft and the Host Member changes the time or date of the flight, the Host Member’s terms and conditions control the legal obligations of each party and the process for managing such changes.
EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY is not responsible for the conduct of any Member, whether a Flyer Member or a Host Member. We expect all Members to conduct themselves and comport to social norms and treat each other with dignity and respect. EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY may offer a dispute resolution process to settle any disputes between Flyer Members and Host Members. The cost of this service will be shared equally between the Flyer Member and the Host Member involved in the dispute and the result of the dispute resolution process will be binding on the Members involved.
EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY reserves the right to remove any Member for violation of these terms and conditions or for abusive or inappropriate conduct on the Site or in the provision or use of any flights offered by other Members. While we do not accept any responsibility to monitor or vet any Flying Member or Host Member prior to becoming a Member, we expect Members to behave in a civil manner and repeated misconduct will not be condoned or tolerated due to its detrimental effect on the community that we wish to create. Nothing contained in this statement should be interpreted to create any additional liability for EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY or its affiliates.
Cancellation
Our Cancellation Policy allows you to request cancellation at any time.
Once a cancellation request is made, your account will be cancelled after the next monthly billing cycle has been completed.
Email [email protected] to cancel your membership.
Price Changes
Eye In The Sky may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Eye In The Sky will provide you with advance notice of any change in fees.
Children Under Thirteen
EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site commonly with prior written permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us, the Site, or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Site’s domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or applicable law. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such content, whether expressly stated or implied by law, and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your use of the Site and will make no other use of the content without our express written permission of and the copyright, trademark, or other intellectual property owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with other authorized users, a group of such users, or the public at large (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software, malware, or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses or other identifying information, without their consent; or violate any applicable laws or regulations.
EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages, or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect those of EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to the Site or Posted on any Related Web Page
We do not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input, or submit to any other related Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting us and our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of its or their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion. By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section or as otherwise provided in these terms and conditions, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
International Users
The Service is controlled, operated, and administered by EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY from our offices in the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local and international laws. You agree that you will not use the EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY’s Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN SUCH PERSON’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY AND/OR ITS SUPPLIERS AND AFFILIATESs HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY; OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. This represents a knowing waiver of any and all liability on behalf of EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY and any of its individual Members.
Changes to Terms
EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY welcomes your questions or comments regarding the Terms:
“EIS SOCIAL NETWORK, LLC, DBA THE EYE IN THE SKY”
PO BOX 370, Snowmass, CO 81654
Email Address: [email protected]
Effective as of May 1, 2023
Messaging Terms & Conditions
THE EYE IN THE SKY | Eye In The Sky | PO Box 370 Snowmass CO US 81654-0370
General
When you opt-in to the service, we will send you a message to confirm your signup.
By opting into messages, you agree to receive recurring automated marketing and informational text messages from Eye In The Sky for THE EYE IN THE SKY. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with THE EYE IN THE SKY. Eye In The Sky reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Eye In The Sky also reserves the right to change the short code or phone number where messages are sent.
Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.
Your consent to receive marketing messages is not a condition of purchase.
Carriers
Carriers are not liable for delayed or undelivered messages.
Cancellation
You can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Eye In The Sky again, just sign up as you did the first time and Eye In The Sky will start sending messages to you again.
Info
Text “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at [email protected].
Transfer of Number
You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at [email protected]. The duty to inform us based on the above events is a condition of using this service to receive messages.
Privacy
If you have any questions about your data or our privacy practices, please visit our [Link to SMS privacy policy].
Messaging Terms Changes
We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes