Effective Date: October 7th, 2009

Flightwise is a public website that provides flight tracking, flight planning, and aeronautical information services.  Flightwise reserves the right to cancel any account for any reason or no reason at all.  Flightwise reserves the right to change the terms and conditions at any time.  Flightwise users are entirely liable for all activities conducted through their account.

The following rules apply while using Flightwise services:

1. You agree to not use your account to upload, post, transmit, or otherwise make available the following types of content which are strictly prohibited and may lead to your account and membership being revoked:

  • Adult or Pornographic related
  • Hate, Bigotry, and/or Intolerance
  • Warez or Software Piracy related
  • Music Piracy Related
  • Hacking Related
  • Making available copyrighted software which has been "cracked" (e.g., copyright protection for the software has been removed)
  • Making available serial numbers for software which can be used to illegally validate or register software.
  • Making available tools which can be used for no purpose other than "cracking" software.
  • Spamming to promote your website
  • Anything related to illegal activity

2. Additionally, you agree not to:

  • “Stalk” or otherwise harass anyone
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”
  • Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable burden on our infrastructure
  • Attempt to gain unauthorized access to Flightwise computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Flightwise website
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Flightwise website

3. You and any person who has access to your account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content.  Flightwise reserves the right to remove Content which is deemed in Flightwise' sole discretion harmful, offensive, or otherwise in violation of the Rules or any rules or policies Flightwise has in place at the time.

4. You or Flightwise may terminate your Account at any time for any reason.  To remove your Flightwise account, contact Customer Service with your request.

5. SUBSCRIPTION CANCELLATION:  If you are subscribed to any of Flightwise' monthly services, you may cancel your subscription at any time be sending your cancellation request to Customer Service.  No partial refunds are given; your account will remain active until the end of the most recently billed monthly cycle at the time the subscription was terminated.

6. THE WEBS SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, Flightwise DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.  THE INFORMATION, CHARTS, AND OTHER DATA CONTAINED ON THE Flightwise WEBSITE ARE NOT TO BE USED IN NAVIGATING OR OTHERWISE PILOTING AN AIRCRAFT.

7. Flightwise will not be liable for any of its services.  We have the right to cancel our service at any time, and we will not be liable for any files that are lost and/or corrupted which may occur (including, for example, from a system crash, security breach, or hard disk failure).  To the full extent permissible under the applicable law, Flightwise shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use Flightwise services.  You agree, at your own expense, to indemnify, defend and hold harmless Webs and its affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these terms of use; (b) your infringement or violation of any intellectual property or other right of a third party; or (c) your violation of any applicable law.

8. These terms of use shall be governed by and construed in accordance with the laws of the State of Florida.  Both parties submit to the personal jurisdiction in Florida.  These Terms of Use constitute the entire agreement between you and Flightwise with respect to the Service.  You acknowledge and agree that you have read and understand the provisions of these terms of use.  By using this site, you consent to the terms of use described herein, including any updates.  Flightwise reserves the right to vary these terms of use from time to time and will update the “Effective Date” section above when such changes are made.